I live in new jersey. My husband and I have had a very rocky relationship and are considering divorce for the second time. My parents are both older, but fortunately in good health.
It was suggested that when they die I will inherit some money (about $ 50,000) plus an estimated $ 300,000 gain that would come from the sale of their home that I would share with my sister. Is there any way I can get this in a trust or somewhere my husband can't access in case we actually file for divorce?
He blew all of our finances and left us nothing for the future so you can understand why I would be scared. And of course, if we get divorced, I don't want my husband to get a dime.
Ready to call it a day
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First, the good news. Inheritance is not treated as common property in most states. (New Jersey is a just distributive state.) By law, it is up to you and you alone. Your husband does not get any insight. So if he has ambitions to spend that money to keep him in the lifestyle he'd like to get used to, he can reconsider.
However, this has some limitations. "This rule only applies if you have never" given "part to your spouse," said Stephen J. Kaplan, Attorney at Colts Neck, New Jersey. What if your husband said so? "There would have to be some significant evidence of a gift in order for your spouse to successfully satisfy their claim in this regard."
Never mix up the inheritance received before or during a marriage and always keep the money in a separate bank account.
“For example, if you deposited the entire inheritance you received into a joint bank account and that money stayed in the joint account for an extended period of time and then a divorce occurred, the court will likely treat that money as joint conjugal goods that were “given” roughly in equal parts by you to your spouse, ”he added.
Never mix up the inheritance received before or during a marriage and always keep the money in a separate bank account. You don't need trust to make sure this money is yours if you get divorced. This is a rule specifically made for inheritance. This does not apply, for example, to work-related bonuses or lottery winnings.
Good luck in finding your way out as a married woman or divorced woman. Your concern over an inheritance hopefully years away probably speaks volumes to your doubts about this man and your marriage. Whatever you decide, choosing a life partner is the most important quality of life decision you will make, and often the most important financially.
The money is:My boyfriend, 9 years younger than me, doesn't want to move out of my house if I die before him. My grown children are not amused
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