Is my spouse entitled to funds?

[Audrey_Lee]

What is the name of your state? NC

I am currently looking into moving and selling some property, but I don't know if my husband is entitled to any of the funds I receive from the sell because although we haven't seen each other in over 4 years, we still have not obtained a divorce. The property I am planning to sell was obtained through an inheritance, and my husband's name was not on the title. If anyone has any helpful information, it would be greatly appreciated. I've been told some many different things that I don't want to make any moves until I have a better understanding of the situation. The last thing I want to do is end up having to give him half of the money when I haven't seen nor spoken to him in years.

 

[LdiJ]

What is the name of your state? NC

I am currently looking into moving and selling some property, but I don't know if my husband is entitled to any of the funds I receive from the sell because although we haven't seen each other in over 4 years, we still have not obtained a divorce. The property I am planning to sell was obtained through an inheritance, and my husband's name was not on the title. If anyone has any helpful information, it would be greatly appreciated. I've been told some many different things that I don't want to make any moves until I have a better understanding of the situation. The last thing I want to do is end up having to give him half of the money when I haven't seen nor spoken to him in years.

An inheritance remains separate property as long as it has not been co-mingled with marital assets.

You definitely would not have to give him half of the money. However, there is a chance that 1/2 of the appreciation/equity that accrued during the marriage would be something he was entitled to receive if marital funds maintained the property. However, since you have been separated for 4 years, there may be argument against that, particularly if you received the inheritance after separating.

 

[mistoffolees]

An inheritance remains separate property as long as it has not been co-mingled with marital assets.

You definitely would not have to give him half of the money. However, there is a chance that 1/2 of the appreciation/equity that accrued during the marriage would be something he was entitled to receive if marital funds maintained the property. However, since you have been separated for 4 years, there may be argument against that, particularly if you received the inheritance after separating.

Just make sure not to put the money into any accounts with his name on them or that were used to pay joint marital expenses. After 4 years of separation, it may not matter, but why take a chance when it's so easy to set up a separate bank account?

 

[Audrey_Lee]

Would gifts apply to this as well?

 

[Ohiogal]

Would gifts apply to this as well?

Was any of your income spent on updating the house, maintaining the house or paying for taxes? Did you file for a legal separation?

 

[LdiJ]

Would gifts apply to this as well?

Yes, gifts and inheritances are treated equally.

 

[Audrey_Lee]

No, I never obtained a divorce or a legal separation. I had looked into it some time back, but I was told that I would first have to locate him myself. I didn't know where he was or how to contact him, so the most I could do was contact his parents and tell them to have him contact me. It never worked out and ended up becoming more of a hassle than anything else.

When we were together, he didn't bring anything into the relationship. He had absolutely nothing and made no efforts to contribute to the home or even general upkeep. He pretty much sat on his butt and did nothing at all. I think he may have had a job or two on one occasion, but this didn't last long. He had actually been pretending to go to work when he had no job at all. All expenses that needed to be paid came from my accounts and my inheritance, all of which was in my name.

I had talked to a few people about my current situation, and I was told different things. I was told that it could be considered separate property, and he was therefore not entitled to anything. However, there were quite a few people who insisted he was entitled. My situation was a little more complicated than average because all of the assets I plan on getting rid of (selling) were obtained through different methods. The main one was received through an inheritance. However, there was property which would be included in this individual sell which was obtained as a gift from a family member. I must also note that all of these things were in use by myself prior to my marriage, even though the gift was received (or put in my name) after we had parted ways.

 

[LdiJ]

No, I never obtained a divorce or a legal separation. I had looked into it some time back, but I was told that I would first have to locate him myself. I didn't know where he was or how to contact him, so the most I could do was contact his parents and tell them to have him contact me. It never worked out and ended up becoming more of a hassle than anything else.

When we were together, he didn't bring anything into the relationship. He had absolutely nothing and made no efforts to contribute to the home or even general upkeep. He pretty much sat on his butt and did nothing at all. I think he may have had a job or two on one occasion, but this didn't last long. He had actually been pretending to go to work when he had no job at all. All expenses that needed to be paid came from my accounts and my inheritance, all of which was in my name.

I had talked to a few people about my current situation, and I was told different things. I was told that it could be considered separate property, and he was therefore not entitled to anything. However, there were quite a few people who insisted he was entitled. My situation was a little more complicated than average because all of the assets I plan on getting rid of (selling) were obtained through different methods. The main one was received through an inheritance. However, there was property which would be included in this individual sell which was obtained as a gift from a family member. I must also note that all of these things were in use by myself prior to my marriage, even though the gift was received (or put in my name) after we had parted ways.

The bottom line is that gifts and inheritances are separate property, unless a claim can be made on the portion of the value that appreciated during the marriage....because marital property (your income) was used to maintain them and pay the taxes.

So, if they were worth 100k when you got married, and they are worth 110k now, then he could be entitled to 1/2 of 10k.

However, if you used inherited money to maintain the assets and pay the taxes, then he would not be entitled to anything. It certainly sounds like you may have used inherited money to maintain the property and pay the taxes, and if so...you have nothing to worry about.