Can I Get Back My Inheritance I Used to Help Purchase Our Home During My Illinois Divorce?
DuPage County Divorce Attorneys Helping Recover Your Inheritance
Yes, it is possible to get your inheritance that you used to assist in purchasing your home during your divorce under a condition. That condition applies if you had some form of written agreement with your spouse establishing clear and convincing evidence regarding from where the funds came. Our team here at Mirabella, Kincaid, Frederick & Mirabella, LLC can help expand on any further details in recovering inheritance money upon a divorce.
The large issue that often arises in these situations is if you and your spouse do not have any formal written agreement distinguishing which funds belong to whom, such as your inheritance. When no agreement has been made, you will be expected to find and supply evidence stating that the money from your inheritance was not intended for your marital estate. If everything that you provide is considered sufficient enough evidence, the courts will often rule in favor of the money being given back to you.
Although that may sound easy, you cannot simply state that you did not intend for the money to be given to the marital estate. Finding evidence to prove that fact is quite difficult. In the event that you cannot convince the courts, the money will be considered a contribution towards your marital estate. However, there may be a decent chance that you can receive some form of reimbursement for the contribution instead of the full amount. At this point, our team at Mirabella, Kincaid, Frederick & Mirabella, LLC can step in to help gather such evidence to support your claim before the courts to give you the best case possible.
Contact Our DuPage County Attorneys
For decades, our offices have been tackling cases involving divorce disputes, family law matters, and some criminal cases. You may contact our office so that we can examine your situation and determine the best options. The phone number for our office is 630-665-7300, and on occasion, we can provide free initial consultations. If you are in Kane, DuPage, or Kendall County, do not hesitate to call us for more information.