My husband also says that I need less support from him because I receive income from my inherited rental properties. This does not seem fair since I was tricked.
A: Although we don't know if the law of your state will afford you any remedy, we believe that you can make a compelling argument that your inheritance should be returned.
While inherited assets received by a husband or wife during marriage are "nonmarital" property and not divisible at the time of divorce, the character of these assets may be changed, or transmuted, into marital property under certain circumstances. For example, using an inheritance to support the marriage may show an intention to make non-marital property marital. Likewise, placing non-marital property into joint names or commingling it so it becomes untraceable may cause transmutation. In all instances, however, whether non-marital property has become transmuted depends on the facts of each situation.
Here, since your inherited property was contributed to the marriage shortly before your husband left you and at his insistence, it would appear to us that a judge may well find that you had been duped into making transactions that would benefit your husband in these proceedings and not the marriage. Since family courts are courts of equity, we believe your lawyer should rethink his position and seek return of your inheritance.
SoloTips for the new year:
1. DON'T forget that decisions in matrimonial cases are based upon the facts presented by your lawyer and your spouse's lawyer. Thus, your credibility is important. So be honest.
2. DON'T burn all of the bridges between you and your spouse, especially if minor children are involved.
3. DON'T think your lawyer is a miracle worker who can solve your problems overnight. It has taken you years to get to this point.
4. DON'T make oral or written statements that you might not want to hear again.
5. DON'T discuss with anyone the communications you have with your lawyer.
6. DON'T rely upon the advice of friends who "have been through it" as to what you should get, what you should pay, or what is fair. Each case is different. Rely upon your chosen attorney.
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