Day Late, way too much money short...

[nufy]

What is the name of your state? Calif. My husband and I have not lived together for about 11 years though we never filed for divorce or separation. He has been living with someone for about 9 or 10 years. He is now about to collect an inheritance that was tied up for many years. We were still living together when we heard of it. Am I still entitled to any of it? Please help!!!!What is the name of your state?

 

[nextwife]

A sole inhertance, that is NOT comingled with marital funds, is NOT marital property. It's acquisition had nothing to do with money earned by you or he during the marriage.

Regardless of when in the marriage he received it, it would not have been marital when received.

Look at it this way: had the decedant stuck around longer, there'd be no inheritance to fret about.

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California – Community Property State
In California, all property acquired and income earned during the marriage, and while the parties lived together, is considered “community property” subject to a 50-50 division. However, property acquired prior to the marriage and property acquired by gift or inheritance, even during the marriage, is excluded.
http://www.divorcenet.com/states/california/cafaq03

 

[nufy]

Dollar short

Thank You nextwife. He is still alive and I guess I'm at the mercy of the kindness of his heart should he choose to give me any of his inheritance.....HA!HA! Nufy

 

[Zigner]

Or, to put it more bluntly - you never were "entitled" to any of it in the first place.

 

[nextwife]

Nobody is. The party is still free to spend the whole wad, leave it to their cat, to charity, or could end up spending a huge amount of money on end of life care, should they need long term care for many years. They are free to change their will as often as they wish.

 

[Zigner]

Nobody is. The party is still free to spend the whole wad, leave it to their cat, to charity, or could end up spending a huge amount of money on end of life care, should they need long term care for many years. They are free to change their will as often as they wish.

I made the assumption that the benefactor in question has passed...based on OP's statement that "He is now about to collect an inheritance that was tied up for many years.".
Of course - that could also mean that said benefactor only has ONE foot in the grave...

 

[FITFatherof2]

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Thank You nextwife. He is still alive and I guess I'm at the mercy of the kindness of his heart should he choose to give me any of his inheritance.....HA!HA! Nufy

Spoken like a true golddigger. Hopefully the only thing he gives you is a divorce.