If my husband and I are divorcing andI spent moneyfrom my inheritance on his behalf, am I entitled to any reimbursement?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 10 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption