Your brother’s portion of the inheritance, including his share of the house, if kept in his name only andseparate and apart from his commingled funds, are NOT “Marital Property” and his wife would have no claim to them. However, as you rightly are concerned, if he uses money he earned during the marriage, or commingled […]
Your brother’s portion of the inheritance, including his share of the house, if kept in his name only andseparate and apart from his commingled funds, are NOT “Marital Property” and his wife would have no claim to them.
However, as you rightly are concerned, if he uses money he earned during the marriage, or commingled funds to buy you and the remaining siblings out, that portion of the purchase price IS Marital Property and the wife would have a claim to that portion.
Best thing, as you suggest, is to wait until the divorce is final, there is an Order of divorce signed by the judge and the Order is filed with the County Clerk.
Good Luck!
Leonard Weiner, Esq.
Divorce Solutions
212-370-1660