Divorce Law and Inherited Money: Non-Marital Property
If a person receives an inheritance, it is not considered part of the couple's huaren.usl property. The law states that the inherited money belongs to the person who received it. As long as the recipient keeps it separate, it is not included when the time comes to divide the couple's assets in a divorce settlement.
A future inheritance that a person is expecting to receive is not included in calculations of huaren.usl property. The Court has determined that since a person who is competent has the right to change his or her will at any time, the expectation of receiving an inheritance cannot be considered an asset that a person owns. Keep Inherited Money Separate
The thing to keep in mind here is that if you want to keep an inheritance from being considered huaren.usl property, it must be kept separate from huaren.usl property. To do this, you would need to deposit the funds into a bank account in your name only. Adding other money to it that would normally be considered huaren.usl property (such as a pay check) may mean that the entire balance in the account would be considered a huaren.usl asset. Divorce law and inherited money also considers that if you use some or all the funds you received as an inheritance to pay down huaren.usl debt or expenses, that portion becomes huaren.usl property. Depending on the state in question, even if you replaced the money you used to pay the debt or expenses after the fact, the entire amount of funds in the account becomes huaren.usl property. In other parts of the United States, the fact that you withdrew a portion of the inherited money to pay for something that would normally be considered huaren.usl property means that all the money becomes huaren.usl property.
The non-community property states or separate property states characterize property earned by a wife or husband as her or his individual separate property. Separate property refers to the property that one brings to the marriage remains the separate property of that individual and does not get divided should the marriage fail. If spouses move from a separate property state, all property acquired in that state and all property acquired with that property is the separate property of the spouse who earned it. There are special rules that apply at the death of a spouse, to assure an equitable result. Laws governing separate property vary in each state.
Separate property in a community property state includes:
• All property owned by a spouse prior to marriage.
• Any property obtained by a spouse after a legal separation.
• Any property received as a gift or inheritance during the marriage from a third party such as joint banking accounts.
• Any pre-marriage debts.共产州全美只有九个啊,大部分非共产州可能适用于这一个。那么,婚前财产,婚前负债和遗产赠与都很好理解,肯定是个人的。唯独第二条,ANY PROPERTY OBTAINED BY A SPOUSE AFTER A LEGAL SEPARATION 指得是什么呢。
The non-community property states or separate property states characterize property earned by a wife or husband as her or his individual separate property. Separate property refers to the property that one brings to the marriage remains the separate property of that individual and does not get divided should the marriage fail. If spouses move from a separate property state, all property acquired in that state and all property acquired with that property is the separate property of the spouse who earned it. There are special rules that apply at the death of a spouse, to assure an equitable result. Laws governing separate property vary in each state.
Separate property in a community property state includes:
• All property owned by a spouse prior to marriage.
• Any property obtained by a spouse after a legal separation.
• Any property received as a gift or inheritance during the marriage from a third party such as joint banking accounts.
• Any pre-marriage debts.共产州全美只有九个啊,大部分非共产州可能适用于这一个。那么,婚前财产,婚前负债和遗产赠与都很好理解,肯定是个人的。唯独第二条,ANY PROPERTY OBTAINED BY A SPOUSE AFTER A LEGAL SEPARATION 指得是什么呢。
谢谢!
没有
如果没有,你的第一句话成立(我的理解)。
I think as long as it is 父母赠送 to you, no matter if it is in the US or China, no matter if it is before or after getting married, it belongs to you?
If a person receives an inheritance, it is not considered part of the couple's huaren.usl property. The law states that the inherited money belongs to the person who received it. As long as the recipient keeps it separate, it is not included when the time comes to divide the couple's assets in a divorce settlement.
A future inheritance that a person is expecting to receive is not included in calculations of huaren.usl property. The Court has determined that since a person who is competent has the right to change his or her will at any time, the expectation of receiving an inheritance cannot be considered an asset that a person owns.
Keep Inherited Money Separate
The thing to keep in mind here is that if you want to keep an inheritance from being considered huaren.usl property, it must be kept separate from huaren.usl property. To do this, you would need to deposit the funds into a bank account in your name only. Adding other money to it that would normally be considered huaren.usl property (such as a pay check) may mean that the entire balance in the account would be considered a huaren.usl asset. Divorce law and inherited money also considers that if you use some or all the funds you received as an inheritance to pay down huaren.usl debt or expenses, that portion becomes huaren.usl property. Depending on the state in question, even if you replaced the money you used to pay the debt or expenses after the fact, the entire amount of funds in the account becomes huaren.usl property. In other parts of the United States, the fact that you withdrew a portion of the inherited money to pay for something that would normally be considered huaren.usl property means that all the money becomes huaren.usl property.
贷款上写一个人的名字,但是title上还是可以写夫妻俩的名字的。如果离婚,还是可以申请把贷款当作共同债务处理的,至少在community property states是这样。
不过ls说的对,还是找律师问清楚,比你在这里询问好多了。
谢谢MM热心回答,我就是被这些搞得很晕所以想问问。这里姐妹见识多,我就是想大家讨论讨论,
没事琢磨这个干啥。
我觉得关键是必须同其它财产分开,混在一起的话有可能会被认为是共有财产,不变现转移应该没问题,与身份无关吧
以防万一?
这是TITLE上加名字的问题。我想一般是会双方都加的吧。在房子比较贵的地方,首付高一点,双方都会出的。这样TITLE上有两个人的名字,处理起来就要两个人商量对不?
对,如果双方都在TITLE上,必须双方都同意才可以操作
坛子上女性居多,而且女性为家庭付出在婚后更多,我指得不是收入上的啊,而是精力投入,甚至是事业上的牺牲。知道一下这个总没坏处啊。
Separate property in a community property state includes:
• All property owned by a spouse prior to marriage.
• Any property obtained by a spouse after a legal separation.
• Any property received as a gift or inheritance during the marriage from a third party such as joint banking accounts.
• Any pre-marriage debts.共产州全美只有九个啊,大部分非共产州可能适用于这一个。那么,婚前财产,婚前负债和遗产赠与都很好理解,肯定是个人的。唯独第二条,ANY PROPERTY OBTAINED BY A SPOUSE AFTER A LEGAL SEPARATION 指得是什么呢。
这个我觉得只要你用来首付了,就共有了。如果只有你家单方出这笔钱的话,可以夫妻共同给父母打个借条,是不是有可能不变为共同财产?这是我个人猜测啊,MM要实际操作的话再仔细问问
这个是适用于共产州么,如果是非共产州,一方账户里的钱,另一方也能分么,假设没有婚前协议的情况下
哦,那就是即使在非共产州,夫妻婚后所有收入还是双方共同所有,除非分居离婚对么?
你说的这个case不会发生啊,分割财产就是离婚的时候办的事,你不离婚的话,管他是共同还是个人呢
建个公共账户,收入绝大部分都打进去,不存在分不分的事情了,好好过日子,不离婚,就happy forever了
倒也不能这么说,其实了解一下也没坏处。以前不是有个帖子的苦主跟lg婚后买房然后被lg骗着签了份什么协议同意放弃产权,最后离婚的时候才明白当初自己被骗了。
结婚的时候双方都是实心实意对对方好当然是最理想的,但是基本的法律什么的懂一点总是没坏处,至少不会被对方骗了还替别人数钱。
这个具体的,每个州的州法略有不同。基本上是case by case, 考虑各种因素,财产来源,㛰姻长短,双方对家庭的贡献,等等,以达到一个equitable的分割。所以就算不能分一半也能分一部分。大多数情况下接近一半。
你到底是共产州还是非共产州,你这里的第一段说的是非共产州,后面这些bullets全是讲共产州的阿.这段话讲的也很清楚,非共产州的,所有的都是个人的,共产州的,只有列出来的是个人的
对啊,我就是看了MIT上一个帖子,说是苦主老公婚后给弟弟付学费,然后还骗老婆签了个放弃TITLE的协议,跟她说不贷款就不能放TITLE的名字。我想华人姐妹多讨论下大家都了解了解总归没坏处嘛。
我想问的是非共产州的呢,我再去找找有没有资料
对啊,所以我奇怪你怎么问起分居那个了,那个对你不适用,那个是共产州的
这么说来,非共产州就啥都是分开的了,除了夫妻共同买房。那个人投资的股票债券等金融资产登记在个人名下的还是归自己么,谁也分不走啦?还是假设没有婚前协议的情况啊。那在这些州生活的女性,是不是尽量不要为家庭牺牲自己事业上的进步啊。
MM好专业,你说的词我都GOOGLE下才了解什么意思,呵呵