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Inheritance and Divorce

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K

karen@greatremo

Junior Member
What is the name of your state? Washington

My husband took over $70,000 of my inheritance money and put it into another bank account and will not tell me where it is. We've had a troubled last few years of our nearly 20 year marriage and divorce may be possible soon. He says he took it for "security" which is ridiculous because in the event of a divorce, we would split everything, right? What are my rights? Can I force him (legally) to put it back? Is inheritance money part of community property? I'm worried he might spend it, as he's shown a history of doing VERY irrational things in the middle of a heated moment.

Frustrated and Scared in Washington
 


Ohiogal

Ohiogal

Queen Bee
karen@greatremo said:
What is the name of your state? Washington

My husband took over $70,000 of my inheritance money and put it into another bank account and will not tell me where it is. We've had a troubled last few years of our nearly 20 year marriage and divorce may be possible soon. He says he took it for "security" which is ridiculous because in the event of a divorce, we would split everything, right? What are my rights? Can I force him (legally) to put it back? Is inheritance money part of community property? I'm worried he might spend it, as he's shown a history of doing VERY irrational things in the middle of a heated moment.

Frustrated and Scared in Washington
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How did he get the $70k money? Did you have it in a joint account? Did you hand him the check? there is more information needed. In the event of a divorce you would not necessarily split anything which is why the answers to the questions I ask are important.
 
Ohiogal

Ohiogal

Queen Bee
I was going to continue to answer on the basis of what you have told us but.... I will wait until answer you BB. BB asks questions because the answers are important.
Overall though if you put an inheritance into a joint account it has become joint property due to the co-mingling. Inheritances normally are separate property but you comingled it.
But answer BB.
 
K

karen@greatremo

Junior Member
Yes, we put it in a joint account; I never thought something like this could happen. What are my rights at this point in terms of getting him to at least put the money back so we can split everything? If he spent it, would I be entitled to half of it anyway?
 
B

BelizeBreeze

Senior Member
karen@greatremo said:
Sorry, and yes, it happened in Washington.
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Then you pretty much screwed yourself. you converted it to marital property when you did that.

I would STRONLY suggest you remove the remaining portion of the inheritance (which still may not help you) and immediately get a consult with a local attorney.

Regardless, your husband will have a surprise. He is only allowed under Washington statutes, to 1/2 of the monies he purloined.
 
Ohiogal

Ohiogal

Queen Bee
karen@greatremo said:
And if he spends the money, he'll have to pay 1/2 back, right?
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You will be entitled to half the marital property as will he. If he got 70k and he "owes you" any, he may either have to make a monetary payback or more likely you will get more marital property from elsewhere (his retirement funds, equity on the house or something of that nature). There will be some sort of payback if 70k is more than half of his share. If it is less than he won't. It is not just as easy as each getting half the money, half the retirement accrued during marriage, half the house. Someone can get the whole house and the other everything else. The overall value/worth is what the court looks at. You each also get half the debt.
 
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