Legal Question in Family Law in Maryland

divorce

If monies were inherited and put into joint nmes and kept there for over seven years , some changes in transactions , such as chaning amounts or banks, can the other person (spouce) claim any monnies especially since all monies were put into joint accounts that might have been combined with other assets?.


Asked on 5/25/02, 12:32 pm

3 Answers from Attorneys

Robert Sher Wagshal and Sher

Re: divorce

Generally speaking, property inherited by one spouse remains that spouse's property in the event of a divorce, unless, by your conduct, you demonstrate an intention to make a gift of part of the inheritance to your spouse. Over 7 years, the money has probably been commingled with marital property, giving the other spouse an ability to claim gift. But if this becomes contested in court, the case will turn on the specific evidence presented.

Read more
Answered on 5/27/02, 11:20 am
Lisa Lane McDevitt McDevitt Law Office

Re: divorce

Inherited propery remains separate problem unless you commingle the assets to such an extent that it is difficult to identify which portion of the account is marital and which part is the inheritence. This will require detailed accounting practices. If you can't identify the separate property in the account, the entire amount because marital property of which the spouse is entitled to a share.

I hope this answers your question. Good luck to you.

Read more
Answered on 5/29/02, 6:57 pm
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: divorce

Where monies were comingled into accounts there must be directly traceable amounts that are specifically excludable from a monetary award upon a marital divide. Contact an attorney to discuss your specific situation.

G. J. Holthaus

Read more
Answered on 6/03/02, 10:17 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Maryland