Leland, NC asked in Divorce for North Carolina

Q: I'm a citizen of North Carolina. My husband and I have a joint investment account through Morgan Stanley in California

My husband received an inheritance that was deposited into our Morgan Stanley investment account in his name only. Will I be able to receive any of this if we get divorced?

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1 Lawyer Answer
Amanda Bowden Johnson
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Answered
  • Jacksonville, NC
  • Licensed in North Carolina

A: Inheritance would typically be his and you would have no claim to it unless he co-mingles it. So depending on the circumstances of the deposit into a joint investment account you may have some claim. However, regardless of what the law says, all other things being equal, you should not want a portion of his inheritance.

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