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I'm separated in WI. Husband just inherited property worth $400,000.00. Am I entitled to any of it?

Janesville, WI |

We have been separated since March 17, 2011. Combined we have $400,000 in debt, he owns his own business that does business out of one of our properties. The other property is my home (worth Approx.$95,000. "his" building is worth $300K) I am required to be on the loan because he can't "find" anyone else to take over and said I need to "suffer the consequences of our failed marriage." I'm just wondering, if I am entitled to anything BEFORE he even inherited this property (and probably all the deceased's assets) even if I'm not entitled to any of the inheritance. I would really like to find someone who could look at everything and give me an opinion as to what I should do. He IS represented and told me I didn't need to get a lawyer. Thank you in advance for your response

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Attorney answers 3

Posted

As an inheritance, the property would be excluded from a property division. Under certain circumstances, the fact of the inheritance might lead a judge to decide to grant an uneven property division or (greater) maintenance or to rule more favorably on a close child support question as a matter of fairness. Consulting with an attorney or two about the particulars of your situation would probably be a good investment.

Please mark answers you appreciate with positive feedback!<p><a href="http://www.msm-law.com/nicholaspasse.html">Attorney Nicholas J. Passe</a><p><l>Disclaimer: Per the avvo.com community guidelines, no attorney/client relationship is created by the asking or answering of questions on this web site, nor do the answers constitute legal advice. Always hire an attorney before making any important legal decisions. Posting details of a case on avvo.com may be subject to discovery in criminal or civil litigation, so erring on the side of nondisclosure is wise.<p><a href="http://www.msm-law.com">Moen Sheehan Meyer, Ltd.</a>

Posted

Inheritance is not marital unless it was made marital by your husband which if you are on the loan for the property, there is a good chance he did so. YOU NEED A LAWYER!!

In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship. You should seek counsel in your geographic area regarding any specific questions.

Asker

Posted

Thank you~I'll be calling one today!

Posted

He does need to NOT COMINGLE the property with marital assets. So, you do need an attorney if you hope to prevail.

BUT... since it happened while you were separated, it is more liley that the court would rule against you. It depends on the circumstances.

Sounds like you need a free consultation.

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