The Family Law Leader

» assets

Q: What is separate property?

A:  The concept of separate property is often an issue in divorce cases, whether the parties have been married for a brief time or for many years.  As a general rule, everyt…

Q: During my 20 year marriage, I inherited about $20,000 when my grandfather passed away. I have had this invested in a brokerage account in my name for about 10 years and it has more than doubled in value. Now my husband says he is entitled to half of that if we divorce. Is that true?

A: In most cases, assets inherited by one party during the marriage will be deemed separate property, not subject to division in the divorce. However, under certain circumstan…

Q: I am in the middle of a divorce. A couple of days ago, my attorney sent me an email with an extremely long document attached, entitled interrogatories and request for production of documents. Do I really have to answer all of these questions? They seem very invasive, and my spouse already has all of this information. What is going on?

A: Interrogatories and requests for production of documents are part of what is known in the legal world as discovery.  They are commonly utilized in all types of litigation,…

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