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Can I recover any of my inheritance money with the separation?

Anonymous Asked:

My husband wants a separation , and insist on selling the matrimonial house and dividing the profit.We are mortgage free.
About 10 years ago I got total of 80 000 inheritance from my fathers estate which I put in paying off the line of credit and some home improvements. Can I recover any of my inheritance money with the separation?

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Jennifer M. Long, B.A. J.D.
9 years ago

Section 4(2) of the Family Law Act provides that inheritance received after the date of marriage does not form part of a spouse's net family property, unless the inheritance was invested into the matrimonial home. Where the inheritance can be traced into the matrimonial home, as it appears to have been in your case, the inheritance ​usually ​cannot be treated as excluded property in the equalization calculation. ​Since it was put into the home, you may not be entitled to the money back. However, you should always seek the advice of a lawyer and provide full and complete details so your case can be properly assessed.

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