Absolutely she can.
Everyone is so against pre-nuptual agreements when the fact of the matter is, if you don't have one, you agree to the Pre-Nuptual that is set up by the state in which you marry/divorce.
You entered into a legal agreement (aka contract) when you married. Marriage is the only contract people enter into without reading it first.
I guess that pre-nuptual isn't such a bad idea now is it? Sorry, buddy. She's probably got a good lawyer and she can go after anything you have. Look before you leap next time. is it not considered non marital assetts ?? - john
According to property laws, inheritence is considered separate property which is owned by the heir. A spouse is not entitled to inheritence.
No. An inheritance is separate property.No. An inheritance is separate property.No. An inheritance is separate property.No. An inheritance is separate property.
If you are getting divorced then she has a rite to half your property and you have a right to half her property.
It depends on the specific terms of the property settlement and any subsequent agreements or court orders. Generally, if the settlement specified that the divorced spouse relinquishes any claim to the ex-husband's property after his death, they would not be able to claim it. However, if the settlement did not address this issue or if there were changes made to the agreement afterwards, it is possible that the divorced spouse could still claim the property.
That will be decided by agreement of the parties or by the judge if the parties cannot agree.
Yes
An adult is not responsible for any property unless you own it.
Even if there are no issues of child custody or marital property to be resolved, it still take a year to get divorced in New York.
Answer 1I am not an attorney, nor in the legal profession, so until this answer can be improved by a professional, it will have to be considered incomplete. You have to find out what the law[s] is in the state of your legal residence. I recommend contacting a local attorney, or if money for fees is a limiting factor, then possibly your local community service legal aid society.Generally, regardless of marriage status, an inheritance is considered separate and not community property, and therefore is NOT subject to any claim by a spouse.Again, it is imperative that you find out what inheritance and divorce law for your state of residence is.
If you don't want to be married anymore, and don't want your spouse to have a claim on your property and income, that is the usual route.
No. What you inherit is yours, not his, and it isn't community property.
It depends upon how the property is titled and the type of property. If it is a home that is used as the primary residence it will probably be protected by the state homestead exemption. Other real property is at risk if it is Joint Tenancy a lesser risk if it is Tenancy-in-Common.