Q: Do I have any legal recourse to be repaid my inheritance that my ex took?
Do I have any legal recourse in getting my inheritance back from my exhusband in our divorce. While married I received a sizable inheritance that he borrowed/took and purchased himself a car, motorcycle and spent approximately 50k shopping. The motorcycle and car are in his name only.
A: Yes, but you will need a lawyer to help you get the money back.
A:
Like many things, it depends. It depends on whether you were aware he was using it, depends whether the funds were commingled with marital funds, depends on if the assets are still around... anything purchased during the marriage is marital even if it's in only one person's name. You probably will need an attorney to help you sort this out.
Good luck!
A: The general answer is no. If your inherited funds were spent during the marriage, you have accepted that as part of your marriage. That being said, through the process of equitable distribution, you would still be entitled to half of the value of the remaining assets (the car and the motorcycle). In addition, depending on the size and contents of your marital estate, you may be able to justify to the court a basis for unequal distribution. For example, if you have a house with $100,000.00 in equity and you want to keep the house, but do not have $50,000.00 to buy him out, you may be able to convince a judge that giving you the house based upon your contribution of your non-marital inheritance is equitable under the circumstances. Florida law presumes equitable distribution and convincing a judge to unequally divide assets is always an uphill battle. I suggest you consult with an experienced divorce attorney to discuss all of the other factors to determine if this is something you should pursue.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
