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NJWife
recently joined

Reged: 11/29/05
Posts: 5

Inheritances/NJ equitable distribution

#48603 - 11/29/05 04:15 PM

I know that inheritances are considered separate property apart from the marital property in NJ. My situation is: I am not divorced, do not want to get divorced, but am painfully aware of the stats and our marriage is not good. If a nonworking housewife has an inheritance, even if it is not split, is it "counted against" her in terms of any awards from the working spouse for child support/share of marital assets? Although I expect that if I ever do have to take drastic measures I will be back in workforce by then. Just asking. Thanks.

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Miranda
Carpal \'Tunnel

Reged: 06/02/05
Posts: 20822
Loc: North of Mexico

Re: Inheritances/NJ equitable distribution

[Re: NJWife]
#48609 - 11/29/05 04:33 PM

I don't know...but I can't imagine the courts pretending that it does not exist. Did you pay any kind of tax on that money? Is it invested?

--------------------
13.1...because I am only half crazy!

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Cinder2
Carpal \'Tunnel

Reged: 06/02/05
Posts: 4361
Loc: Southern California

Re: Inheritances/NJ equitable distribution

[Re: NJWife]
#48639 - 11/29/05 05:19 PM

In New Jersey, inheritances are considered seperate. It would not be "held against" you or divided when you divorce. The exception to this is if you allow to the money to comingle with joint funds. The safest way to ensure this doesn't happen is to keep the money in a seperate account. Don't use it to pay off your loans or stuff like that. Or buy something with it that is clearly seperate from your marital assets like a single piece of land or something.

Cinder

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