Question:

My wife went into my account and took out half of an inheritance I received from an uncle after she filed for divorce in June claiming it was marital property. Is the inheritance considered marital or separate property in a community property state?

Answer:

Community property is all property that a husband or wife acquires by their joint efforts during the marriage. As such, in community property states, anything designated as community property is owned and/or owed equally regardless of who earns or spends the income.

However, certain assets and property remain separate property even after marriage, including property owed by a spouse prior to marriage and any property received as a gift or inheritance to one spouse alone. When spouses divorce, community property is generally divided equally between the spouses, while each spouse keeps his or her separate property.

Therefore, the distinction between community and separate property is a very important one.

However, the caveat to gifts or inheritances received by one spouse is that it must be kept separate, meaning that it cannot be placed in a joint banking account with the spouse so that it is so intertwined with community property that no real distinction can be made.

On the one hand, you indicate that she took half of the money from the account, which leads me to believe it was a joint account; but you refer to said account at “my account” which means that it may be a single account. In this distinction lies the answer to your inquiry. I wish you all the best. Thank you.

Remember, I am unable to provide you with anything more than general divorce tips, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Illinois divorce lawyer Christina Milien, contact Cordell & Cordell.