If I have been separated for 2 years and during that separation my spouse acquired settlement from his grandmas house

Asked 10 months ago - Harrisburg, PA

Am I entitled to any of the money my spouse received upon his grandmothers death since we are still married? It was not from a will or life ins, her house was in his name and upon selling got $10,000

Attorney answers (4)

  1. Randi Joy Silverman

    Contributor Level 16

    4

    Lawyers agree

    Answered . No. Assets acquired after the separation are not marital property to be distributed, but the court will consider non-marital assets in determining the manner in which the marital assets will be distributed. It is one of the factors. However, the funds that you received would be income for support purposes.

    My response is based solely on the limited information contained in the question. It is not meant to substitute... more
  2. David Alexander Browde

    Pro

    Contributor Level 20

    3

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    Answered . It's impossible to answer accurately without more information.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer... more
  3. Jeanne B. Costopoulos

    Contributor Level 14

    1

    Lawyer agrees

    Answered . If from the date his name was put on the house and the date you separated from your spouse the value of the house increased, then you may be entitled to a portion of the increase. Also, if marital funds were used to purchase the house or maintain the value of the house then you could seek a credit for contribution towards the equity of the asset even though it may not have been a marital asset.

    The above answer is intended solely for general informational purposes and does not create an attorney client... more
  4. Lee Alan Thompson

    Contributor Level 20

    2

    Lawyers agree

    Answered . Highly doubtful since it was during the separation and although you say not from a Will, it sounds like an inheritance to me, sort of anyway.

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

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