How could I go about protecting funds that my mother is giving to me as my inheritance (while she’s alive) when a divorce is still underway? (Child Support & PSS has already been determined). She was thinking about putting it in a joint bank account with both of our names on it, and she would make all the deposits (and keep records proving that she made the deposits). Could the court ever consider this type of account in future alimony/child support judgements or garnishments? Or should it be in her name with me being the beneficiary?
I would like to be able to use this money in the future for a downpayment on a house. But if it’s not in my name, then it won’t show that I have any money in the bank…which may hinder me in getting a home loan. And most banks require YOU to make a downpayment (from your bank acct), not from a relative or another source.
Any help would be greatly appreciated.
not an attorney
I hope you mean your mother is going to put it in an account with your name and your mother’s name, right? As long as the money is never put into any type of joint account with your ex/stbx, you should be fine. And given that you’re already separated, any money given to you from your mother is solely yours. However, it may be easier to have the account in her name with you as an authorized user/your name on the checks as well.
Sorry…to clarify…YES I meant my mother would put it in an account with mine & my mother’s names on it.
Would love to hear from an attorney. Really need to get this money in the bank so I can have funds for downpayment on a house, but I don’t want my STBX to take me back to court for MORE CS or for future alimony claims…thinking I have more income, when it’s really coming from my mother. I read somewhere that joint accounts are liable to be garnished.
If you don’t have a Settlement agreement with a free trader clause already, or a Free trader agreement you need to wait until divorce is finalized. Maybe make a rent to own or rent with purchase option agreement on the property.
Inherited money is free from a claim by the spouse unless you title it jointly with the spouse. You should execute a free trader agreement if you wish to purchase property before the divorce is final.
What I mainly wanted to know for NOW is…can the inherited money be put into mine & my mother’s name without my ex having access to it…or trying to use that bank account for future child support or alimony claims? I just want to get the money in the bank now. Not planning on buying a house until AFTER the divorce.