marital property

THis would be in the state of IL

a man's father passes and leaves him a nice sum of money. this man is already married. he tells his wife that in his fathers will it stated that none of this money could be considered marital property...so she no access to it whatsoever - even in the case of a divorce. there was no prenup signed when they were married

is this true?

thanks for your help!!

croginela said:

THis would be in the state of IL

a man's father passes and leaves him a nice sum of money. this man is already married. he tells his wife that in his fathers will it stated that none of this money could be considered marital property...so she no access to it whatsoever - even in the case of a divorce. there was no prenup signed when they were married

is this true?

thanks for your help!!

Click to expand...

My response:

It's very true - - but not for the reasons you suspect.

First, the father didn't even need to write that the money wasn't marital property. Inherited money, property, etc., is always "separate property". Money received from a Will is a "gift", and gifts are given to particular persons - - not to everyone - - and it doesn't matter whether you're married to the recipient.

Since the inherited money is, and remains, "separate property", the other spouse doesn't get a share of the money upon divorce.

There's more reasons, but I think I've banged this nail down far enough.

IAAL

Thanks and i am shocked!

thanks for the quick response....you nailed down all i needed to know. my best friend is going thru this and i told her she was crazy to believe that she had no rights to money that he got from his father. he bought their house etc with it and told her basically that she is SOL if she ever leaves...i am shocked that is the law...i can see why it is that way...but still shocked

thanks again!

croginela said:

i am shocked that is the law...i can see why it is that way...but still shocked

Click to expand...

My response:

Shocked? I don't believe that's the correct word for what you may be feeling.

Look, have you ever received a birthday, or Christmas "gift"? Well, of course you have. Did you give any or all of it to your spouse? Well, of course not, unless it was something edible, perhaps. But, had you received a diamond ring, or a string of pearls, I rather doubt you would have given ownnership of those items over to your spouse. Especially, when the "giver" never intended for your spouse to have the gift item.

The same concept and laws apply here. Bequests in a Will are gifts, intended only for the recipient by the maker of the Will.

A "gift" is separate property. Period. And the law makes perfect sense. No "shock" involved.

IAAL

ok - i guess what "shocks" me is that he has used this money to purchase a house for his family.....and because this was from money directly from the "gift" she is SOL (he is being a jerk is why this came up) even though until they had kids recently, she was the main bread winner. i understand the idea of not having to share a "gift"....this guy has just used that to his advantage to manilupate and control (and unfortunately abuse) a woman and she is stuck....can't even get her kids out because everything they have was from that "gift". I know she can go out and work again....and that is not the point....her money went to provide everyday items but because his "gift" bought the house and cars....he has total control over her. It just doesn't seem right for it to be able to be twisted that way.

thanks!!