Bayville, NJ asked in Uncategorized for New Jersey

Q: HI, I am in NJ. My spouse is set to be left a substantial amount of money from his mother.

He is telling me that I am not entitled to any of this money, regardless if we are married or get divorced. He is stating it is all his. This has to be untrue?

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1 Lawyer Answer
Noel Rivers
Noel Rivers
  • Hackensack, NJ
  • Licensed in New Jersey

A: In New Jersey, an inheritance received by one spouse is the separate property of the spouse who received the inheritance. However, if the inheritance is commingled (mixed) with marital assets, it becomes a marital asset. So for example, if the receiving spouse deposits the money in a joint financial account with his spouse or if the receiving spouse uses the money to pay off a mortgage on the marital home, the money becomes the property of both spouses.

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