I took care of my mother with Alzheimer's for 4 1/2 years. She passed away 2 years ago. My only brother passed away 5 years ago. She had a revocable will and I got the house. I have been married 42 years and did not work out of the home. If I get a divorce would he get any of the money if I sell the house? If I sell it and put the money in the bank and divorce would he be entitled to any of the money? Also if I had that money in the bank would I be able to get alimony?
As long as you do not put your husband on the deed or put money from the house in a joint account, you should be OK. Inherited assets and money must always be segregated to avoid being considered a marital asset.
Spousal support, the new name for alimony, is based on many factors. Generally speaking, you should qualify for lifetime spousal support, but many factors go into the judge's decision as to the proper amount of support.
I suggest that you interview two or three divorce lawyers to get advice concerning what you are doing now and what you may do in the future.
Your comfort with a lawyer is more important than where the lawyer is located. Lawyers spend most of their time in their offices, not in court.
I am licensed to practice law in Michigan and Virginia and regularly handle cases of this sort. My answering your question does not establish an attorney-client relationship. You should consult a lawyer so you can tell the lawyer the entire situation and get legal advice that is precisely tailored to your case.
You have a very complex situation which could easily go wrong for you if it is not handled correctly. I strongly suggest you meet with an experienced divorce lawyer right away to assist you in planning for your future. It is probably possible to keep that Inherited property as your own if you do things correctly.
The opinion that I express should not be considered to be legal advice that can be relied on. It is based only on the limited amount of information provided rather than doing a thorough review of all of the important information that is required to give accurate legal advice. You should consult with an attorney that has extensive background in the area of the law that your are inquiring about.
Gifted and inherited property, if kept separate and distinct from marital property is generally considered not devised in the marital estate. There are exceptions and you have to do it correctly. Seek counsel and good luck.
It also would appear, at first glance, that spousal support would be a strong possibility.
To the PROSPECTIVE client, please call with more details, and for an appointment. My PRELIMINARY answer to your question(s) is for general purposes and based upon the information you have conveyed. It is based on such limited information that it is a general answer, and should not be relied upon as a reason for your action or inaction. My response does NOT establish an attorney-client relationship and such may only be established by mutual agreement, and the signing of a written retainer agreement, which will generally require payment for our services, as this is what we do for a living and, just like you, we must get paid for our work.
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