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Going through a divorce, money from wrongful death lawsuit received and spent, are items marital assets??

Mansfield, OH |

married 8 years, together over 10. wife's mom died MVA 2005, wrongful death suit filed and awarded large sum of money, monies spent during marriage and some applied to marital residence, are these items considered marital assets now and do they have to be divided equally or are all items that money spent on considered to be hers/inheritance or are they marital assets now???

Attorney Answers 3

Posted

Depends. The nature and use of the asset can make a non-marital marital. Also, are the funds used for purchase traceable. there may not be a good solid answer. However, a full consultation with an attorney in your area should provide guidance and give you some idea of how successful an argument may be. I strongly suggest that you seek counsel promptly.

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Asker

Posted

thank you

Posted

Not going to be much of an answer here because there are too many components to it. Eight years ago is 2005, the accident and the year of marriage is the same. Did she die before the marriage or after? Were you a party to the wrongful death action action(I suspect you were)? Did the money go into a joint account? Is the money traceable from the account to the purchase of items? The thing is, I could come up with more questions and the arguments right now, without more, could go either way.

Here's the part I have to say because this is not a question that can be answered without more information, you need to have an attorney to sit down with and my guess the initial consultation, or certainly the second, would be lengthy.

Wish I could help you more on this.

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Asker

Posted

married in feb 2005, together since 2002, mom passed in aug 2005. yes money was in joint acct and most can be accounted for by receipts or is traceable. and if it wasn't for me forcing the hand of the atty before statute of limitations ran out on filing the wrongful death suit she would not have gotten the money. she never pushed the atty, I had to cause the atty was friends with the county that was being sued for the accident

Lee Alan Thompson

Lee Alan Thompson

Posted

Being traceable doesn't necessarily help you all that much. You really need to see an attorney though.

Posted

I agree with the other Mr. Thompson. This is a very complex issue that you need to discuss in great detail with your divorce attorney. If you do not have a divorce attorney, you should seek one immediately. Best wishes.

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