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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


  1. 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.


  2. 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.

    Attorneys on Avvo donate their time and your feedback is appreciated. Be sure to mark the "Best Answer" or Helpful" to your questions.


  3. 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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