A friend wants to get a divorce. He has personal items that was given to him. Would his wife have any claim to them in the divorce?
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A friend wants to get a divorce. He has personal items that was given to him. Would his wife have any claim to them in the divorce?
He had been given hunting guns from his father before he died. And has over the years bought himself fishing things with his money and other personal things. She never bought any of these things. Will he lose these things in the divorce?
Asked on June 30, 2009 under Family Law
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
You did not list what State this question comes from but generally, inherited property is separate property, and it is treated as such in equitable distribution and community property states. There can be instances where the inheritance becomes muddled up in the marriage that is joint or community property (like when money is inherited by one party and is used to purchase a marital home).
The things your friend purchased during the marriage could be held as joint or community property subject to distribution. Each case depends on the specific facts involved. Only an attorney with all the facts before them and knowledge of the state laws can give you a definite answer. Look here for an attorney in your friend's state for help: attorneypages.com.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.