Akron Divorce Attorneys
Property acquired through inheritances or gifts during marriage is considered separate property — and is not subject to division in a divorce. Problems arise however, when these acquisitions lack adequate documentation, occurred long ago or whose origins are obscure.
Randal A. Lowry & Associates is extremely experienced in identifying premarital and separate property. Our success in these matters is grounded in our understanding of the statutory and case law regarding inheritances. We also utilize discovery techniques that can document the origin of contested property.
Contact us for a consultation with our firm. An attorney can review your situation and discuss possible solutions to your concerns.
Tracing Separate Property
Our firm will carefully trace the origins of the property in question by reviewing the probate court documents. When a specific tangible asset (such as real estate, common stock or a piece of jewelry) is clearly identified in a will, it is easy to do so.
Problems arise when two or more types of assets (premarital, separate and marital) are combined to purchase a marital asset. For example, let's say you received a significant inheritance in the form of money. You then combined that separate asset with money you and your spouse earned during marriage in order to buy a house. Your inheritance has been effectively transformed into marital property — though that marital property retains a separate property component.
Our lawyers have handled thousands of cases involving comingled marital, separate and premarital assets. We understand how to trace separate property and inheritances back to their true origins. During the divorce process, we will use these skills to protect your rights and property to the fullest degree possible.
What You Can Do to Protect Yourself
If you are entering into a marriage and have recently come into an inheritance or expect to receive one, you should take action to protect your premarital assets by documenting the details of this acquisition and you should consider creating a prenuptial agreement (which specifies a particular asset you expect to receive as an inheritance).
Randal A. Lowry & Associates can advise you regarding other actions you can take to protect your assets — before or after they are acquired.
Contact an Attorney
For a consultation with Randal A. Lowry & Associates, call 877-264-7931 toll free or contact us online.
Located in Cuyahoga Falls, we represent clients in the Akron area and Northeast Ohio.
