One of the components of equitable distribution is inheritance and how should I address or handle inheritance. Hopefully, if that inheritance has been kept in a separate account and not co-mingled it, that asset will not be considered part of equitable distribution.
Problems occur when those monies have been commingled. Comingled means you have put your spouse’s name on that account, on that piece of property, on that valuable car. That’s where we have the difficulties in trying to establish that some component of an asset, now commingled, is not subject to equitable distribution. These issues are largely fact-sensitive. Mainly, the length of the marriage plays a role when the commingling took place and the reasons why those assets were commingled.
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