If my husband and I are divorcing andI spent moneyfrom my inheritance on his behalf, am I entitled to any reimbursement?
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If my husband and I are divorcing andI spent moneyfrom my inheritance on his behalf, am I entitled to any reimbursement?
In 2008 I received an inheritance from my grandmother. I paid off my husband’s student loan ($26,000) and furnished his man cave with $11,000 worth of furniture, all of which he took with him. Can I retrieve this money which I can prove by receipts, that came from my inheritance?
Asked on August 11, 2011 Maryland
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Please, please, please seek legal help with this matter as soon as you can. Generally speaking, money that is inherited is considered to be separate property in a divorce UNLESS it has been co-mingled (like placed in a joint checking account) or there can be shown an intent for the money to be marital property. I would say that your husband has a really good argument her that you intended the money to be joint property and considered marital funds. Was the money for the student loan a loan to him? Can you prove it? It is not that I am trying to deter you from making the claim I just want you to be aware that it is going to be an uphill battle. Good luck.
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