Hid Assets/Inheritance

concerneddadof3 said:

What is the name of your state? Pennsylvania

I've been divorced for three years. Was married for 10 years. About 5 years into our marriage, the ex-wifes father passed away. She denied the existence of a will or inheritance. We ended up divorcing and during that time we requested for her to produce information on the will and any trusts established. She denied in written response that any existed.

Fast forward to now, was in support court because ex-wife is seeking more support money. Both sides asked the other to produce documents. She produced a document showing a trust for her in her fathers name. What's most troubling is my parents have gifted money/stock to us during our marriage from their estate, and I cashed that in to pay for home improvements, cars... all of which she kept. I told my lawyer I want to go after that money and he said:

"What you would be asking to do is undo your divorce settlement. However, if all we are talking about is her inheritance, the inheritance itself is non-marital property and not subject to distribution. Only the increase in its value from the date it was received if it was received during the marriage until the date you separated is marital property, unless she retitled it in joint names or commingled the inheritance, in which case that portion would be marital property. "

I feel as if I've been defrauded. Is there any way of suing her in civil court? I have documents proving she lied in her response to our request to produce. Would any lawyer take this case (it's a fair amount of money)?

Thanks.

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LdiJ said:

Even if she had produced the information when you divorced, it wouldn't have changed anything. If she did not comingle the inheritance it remained separate property, and would not have been subject to division, other than any accrual during the marriage. Your attorney is giving you correct legal advice.

Well that is why we have judges to decide this!! It COULD have affected equitible distribution of the marital property. She was and IS in contempt of court because she did not produce documentation of the inheritance!!

Unfortunately, you chose to comingle the gifts from her parents, she did not choose to comingle her inheritance.

Unless you could find an attorney who believed in your case enough to take it on contingency, you would likely be throwing good money after bad.

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Zigner said:

I was under the impression that, if the asset was truly kept separate as a non-marital asset, then any increase of the value is also a non-marital asset. Again, ONLY if it was kept 100% separate...

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Bali Hai said:

Separate or Nonmarital Property

Pennsylvania law allows separate or nonmarital property to generally escape the equitable distribution process. Nonmarital property includes property that a spouse brought into the marriage and kept separate during the marriage, inheritances received during the marriage and kept separate during the marriage, and property excluded by a valid prenuptial agreement. In addition, nonmarital or separate property may include gifts received by just one spouse during the marriage. However, the increase in value during the marriage of nonmarital property may be considered a marital asset if the increase in value was not excluded from consideration in a prenuptial agreement. Furthermore, if a husband or wife decides to use some nonmarital funds for a common purpose, such as purchasing a home in joint tenancy, that money normally will become marital property.

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