member31986

Anyone out there know how to protect one's assests in A marriage? Since I caught my AH driving under the influence w/ D and her firends...I am livid!! If any accident were to happen, being killed or worst-killing someone...I could have nothing left! We have worked so hard to have a nest egg (however who knows how long with his 20+ yr. of drinking he'll ever see). I am also due to collect an inheritance... but since I am married, mine is also his...and if the unthinkable were to happen, I would like to protect myself. Any ideas???

cmc

Alot will depend on how your finances are set up; you can ask your financial institution for some information on that.
Regardless of all that, I agree that an attorney is a must.

hadenoughnow

You should speak to an attorney but I can tell you that my own attorney told me the only sure way to protect your assets from addiction is divorce.

Your inheritance is yours in most states unless you put the funds in a joint account.

Latte

I am the addict in this house and when I was using we did the following..

I am no longer on the family bank account, my name is not on the house (never was), my name is not on the family truck (I have my own car in my name), I carry a life insurance policy that would make it so DH could hire someone to care for the kids. I don't have a key to the mailbox etc.

I am not using/drinking anymore but we still keep his finances separate.

One thing was that I was more than willing to do all this stuff, if your A isn't it might be a little more difficult.

Jazzman

Your liability might depend on the domestic laws of your state. I was worried about the same things as you and after talking to a lawyer was no longer worried about getting the house sued out from under me.

I would suggest learning the laws of your state and taking steps to protect yourself like separate bank accounts and no joint accounts or assets if at all possible. In VA inheritance is not considered a marital assert but income is. Try not to co-mingle funds and keep as much separate as you can.

NoelleR

I just read up on this (as I was curious) regarding PA and how they look at property.....:

"In the United States there are three types of Property Division Jurisdictions: Title Jurisdictions...Community Property Jurisdictions...and Equitable Distribution Jurisdictions...

Pennsylvania is an equitable distribution state. Under equitable distribution, marital property is divided by the court in a fair and equitable manner. Equitable distribution does not necessarily mean that each party will receive 50% of the marital property. Exactly what does that mean?

What Equitable Distribution typically means is that the property will be divided as the judge sees fit."

Hope this helps a bit.... (o:


NoelleR

prodigal

He can't touch your inheritance. Anything you receive as a gift, such as an inheritance or a bequest from an estate/will, is YOUR's. It also boils down to commingled funds. For example, if you went out and bought a new car with money you alone earned from your job, then the vehicle belongs to you alone.

Joint assets/debts are considered commingled funds. Anything jointly titled the same.

I keep all my assets and debts in my name alone. There is one glich in this situation: if a couple has both of their names on the title to their home, but only one spouse made the downpayment with non-commingled funds, the equity in the house is not divided evenly.

In equity states, the length of the marriage is considered as well as the contribution each spouse made to any investments, such as IRA's, pension plans, insurance policies, etc.

prodigal

Set up a savings account in your name alone. Set up a checking account in your name alone. Keep your debts to a minimum. Dump money you earn into the accounts. Do not commingle any funds.

When I divorced exAH, I walked away with a $300 debt to the IRS, but I was not liable for the $50K in debt he had amassed. His debt. His money. His problem. I never put my name on the title of the house, even when we refinanced. I didn't get a dime from the ex, but I didn't walk away with his debt either.

tiburon88

How do you know he was legally "drunk" driving your D?

Barbara52

What does "legally" drunk have to do with it? Certainly I could tell when xAh was driving under the influence, whether it was "legally" drunk or not. If unacceptable behavior. Period.

AWEDA

Legally drunk or not there was a child in the car,
It is wrong to drive under the influence.
My EXAH always thought he was "okay" to drive.
Brain damage tells you,you aren't to drunk to do anything.