http://www.dailymail.co.uk/news/article-2074283/Steven-Phillips-Innocent-man-spent-25-years-jail-lose-4m-compensation-ex-wife.html

Man who spent 25 years behind bars for crime he didn't commit faces losing $4 million compensation to ex-wife who divorced him while he was in prison

By Paul Thompson

A man who spent 25 years in prison for a crime he did not commit faces losing his $4m compensation to his ex-wife.

Steven Phillips faces a court battle to keep hold of the money he was awarded for his wrongful conviction.

He was released from a life sentence for rape in 2008 after DNA proved he could not have been the attacker.
Innocent: Steven Phillips, pictured, received $4.1 million as compensation for his time in prison for a rape he did not commit. His ex-wife now wants a cut

Innocent: Steven Phillips, pictured, received $4.1 million as compensation for his time in prison for a rape he did not commit. His ex-wife now wants a cut

But now his ex-wife Traci Tucker, who divorced him three years into his life sentence, has taken him to court in a bid to get a share of the $4m compensation.



She claims he owes her money that she would have been entitled to had they divorced and shared their assets.
'Responsible': Police believe Sidney Alvin Goodyear, who had died in prison, actually committed the crimes

'Responsible': Police believe Sidney Alvin Goodyear, who had died in prison, actually committed the crimes

But 51-year-old Phillips said he ex has been with another man for over 20 years and has had nothing to do with her.

His lawyer Tim McKenzie described Tucker's claim as more 'like winning the lottery 20 years after a divorce'.

'The overall issue,' McKenzie says, 'is when people come into money, everybody comes out of the walls.'

Phillips said his ex wife rarely visited him in prison and stopped coming altogether after three years.

The couple were divorced in 1991.

Lawyers said Tucker, who has a son with her ex-husband, is attempting to make legal history by going after the compensation paid to a wrongfully convicted person.

Her ex-husband, a roofer, was jailed in 1982 for a two day crime spree involving several sexual assaults.

Investigators later found the DNA matched that of Sidney Alvin Goodyear, who went out to carry a series of further attacks. Goodyear had died by the time Phillips was freed.

[Edited 12/29/11 20:18pm]

Bullshit. She won't get a dime.

she will get 3 years worth, she stayed married to him for 3 years whils he was in prison

Nonsense. She left him because he was imprisoned. He got the money because he was WRONGLY imprisoned. She gets nothing.

She's foolish if she thinks she's gonna get the money.

she will argue that she loved him and tried to support him and how difficult it was for HER to survive whilst he was not around because he was wrongly convicted and it affected her just as much as it affected him for THREE LONG years!!!!

she will get 30%

r edit

[Edited 12/29/11 21:45pm]

Did you read the article? He was in prison for 25 years, she dumped his ass after three and has been with another man for 20. How does that entitle her to 30%?

Regardless, what she is attempting to do would set a legal precedent that is not going to happen. She will not get ONE DIME for the pain and suffering this man endured during HIS 25 years in prison.

Cerebus said:

Did you read the article? He was in prison for 25 years, she dumped his ass after three and has been with another man for 20. How does that entitle her to 30%?

Regardless, what she is attempting to do would set a legal precedent that is not going to happen. She will not get ONE DIME for the pain and suffering this man endured during HIS 25 years in prison.

yes i read the article

i guessed the 30%

but did u know that if i got divorced today and my x's parents die in 20 years time i get a share of his inheritance???

its just how it is, ppl are entitled to monetry gain for the time they were married

ThisOne said:

Cerebus said:

Did you read the article? He was in prison for 25 years, she dumped his ass after three and has been with another man for 20. How does that entitle her to 30%?

Regardless, what she is attempting to do would set a legal precedent that is not going to happen. She will not get ONE DIME for the pain and suffering this man endured during HIS 25 years in prison.

yes i read the article

i guessed the 30%

but did u know that if i got divorced today and my x's parents die in 20 years time i get a share of his inheritance???

its just how it is, ppl are entitled to monetry gain for the time they were married

That's not just how it is. It's not automatic and it's different from state to state. And this isn't an inheritance, regardless. It's something completely different. She won't get a dime.

Cerebus said:

ThisOne said:

yes i read the article

i guessed the 30%

but did u know that if i got divorced today and my x's parents die in 20 years time i get a share of his inheritance???

its just how it is, ppl are entitled to monetry gain for the time they were married

That's not just how it is. It's not automatic and it's different from state to state. And this isn't an inheritance, regardless. It's something completely different. She won't get a dime.

i guess we'll c

i still think she will get something, and they may even settle out of court, he might even decide to pay her something just to end the nagging

ThisOne said:

Cerebus said:

That's not just how it is. It's not automatic and it's different from state to state. And this isn't an inheritance, regardless. It's something completely different. She won't get a dime.

i guess we'll c

i still think she will get something, and they may even settle out of court, he might even decide to pay her something just to end the nagging

I would fight her to the bitter end, no matter the cost, and then I'd give all the money to charity before she got any. She did not spend ONE DAY, not ONE MINUTE in prison. Therefore, she doesn't deserve one cent of that compensation.

Cerebus said:

ThisOne said:

i guess we'll c

i still think she will get something, and they may even settle out of court, he might even decide to pay her something just to end the nagging

I would fight her to the bitter end, no matter the cost, and then I'd give all the money to charity before she got any. She did not spend ONE DAY, not ONE MINUTE in prison. Therefore, she doesn't deserve one cent of that compensation.

i get your passion

ThisOne said:

she will get 3 years worth, she stayed married to him for 3 years whils he was in prison

What? What kind of logic is that?

He didn't have it during those three years?!!!

ThisOne said:

Cerebus said:

Did you read the article? He was in prison for 25 years, she dumped his ass after three and has been with another man for 20. How does that entitle her to 30%?

Regardless, what she is attempting to do would set a legal precedent that is not going to happen. She will not get ONE DIME for the pain and suffering this man endured during HIS 25 years in prison.

yes i read the article

i guessed the 30%

but did u know that if i got divorced today and my x's parents die in 20 years time i get a share of his inheritance???

its just how it is, ppl are entitled to monetry gain for the time they were married

Show me the law.

I do not believe you.

ThisOne said:

Cerebus said:

That's not just how it is. It's not automatic and it's different from state to state. And this isn't an inheritance, regardless. It's something completely different. She won't get a dime.

i guess we'll c

i still think she will get something, and they may even settle out of court, he might even decide to pay her something just to end the nagging

No reason to settle out of court. Who cares about her nagging? Get a protective order.

SUPRMAN said:

ThisOne said:

yes i read the article

i guessed the 30%

but did u know that if i got divorced today and my x's parents die in 20 years time i get a share of his inheritance???

its just how it is, ppl are entitled to monetry gain for the time they were married

Show me the law.

I do not believe you.

http://www.essortment.com...24635.html

5th or 6th paragraph!!!

ThisOne said:

SUPRMAN said:

Show me the law.

I do not believe you.

http://www.essortment.com...24635.html

5th or 6th paragraph!!!

Did you read what you linked to?

You do not 'automatically' receive a portion of a spouses inheritance after a divorce.

There are specific conditions that have to be met.

If you divorced today and your ex inherited from his parents, you are not automatically entitled to a portion of it.

Furthermore the link doesn't specify which jurisdiction's laws they are using. The U.S. has no national inheritance laws.

"Whether possessions, moneys, or property, an inheritance may become commingled with the marital assets to be judged according to the Equitable Distribution Law. This can happen several ways. In one way, consider you receive a property inheritance. You and your spouse equally invest in the property to increase its value, during the marriage. The inherited property will then become community property to be distributed between both parties. This can work with money as well. If you and your spouse place the money in a joint account that will draw interest to increase the amount, the inheritance will become part of marital assets. Unfortunately, both parties do not always have to invest in the inheritance for it to become community property. If the inheritance appreciates during the marriage, there is the possibility that your spouse may receive a portion of its value after divorce.

Also, it is important to know that if your spouse helps pay the inheritance tax or any taxes on the inheritance thereof, then your spouse may be entitled to receive a portion of the inheritance if you divorce.

Another way your spouse may receive part of your inheritance is if you allow your spouse to use any portion of your inheritance on a regular basis. For example, if you allot your spouse a certain amount to use toward repairing or improving the home, the inheritance then becomes joined with the marital asset of the home. However, proof of this use will have to be presented in the case of divorce.

When you receive an inheritance, it is best to check the filing status, especially with property. Property deed filings can be filed accidentally along with your spouse's name. Keep in mind that accidental filing status can happen with money or possessions. Easily, this mistake can occur if your spouse helps pay the inheritance tax or if both you and your spouse sign for an inheritance with the misconception that it is required because you are married. An inheritance is possession only to the person that is heir to receive it, unless it is gifted to both you and your spouse.

[Edited 12/30/11 7:04am]

SUPRMAN said:

ThisOne said:

http://www.essortment.com...24635.html

5th or 6th paragraph!!!

Did you read what you linked to?

You do not 'automatically' receive a portion of a spouses inheritance after a divorce.

There are specific conditions that have to be met.

If you divorced today and your ex inherited from his parents, you are not automatically entitled to a portion of it.

Furthermore the link doesn't specify which jurisdiction's laws they are using. The U.S. has no national inheritance laws.

"Whether possessions, moneys, or property, an inheritance may become commingled with the marital assets to be judged according to the Equitable Distribution Law. This can happen several ways. In one way, consider you receive a property inheritance. You and your spouse equally invest in the property to increase its value, during the marriage. The inherited property will then become community property to be distributed between both parties. This can work with money as well. If you and your spouse place the money in a joint account that will draw interest to increase the amount, the inheritance will become part of marital assets. Unfortunately, both parties do not always have to invest in the inheritance for it to become community property. If the inheritance appreciates during the marriage, there is the possibility that your spouse may receive a portion of its value after divorce.

Also, it is important to know that if your spouse helps pay the inheritance tax or any taxes on the inheritance thereof, then your spouse may be entitled to receive a portion of the inheritance if you divorce.

Another way your spouse may receive part of your inheritance is if you allow your spouse to use any portion of your inheritance on a regular basis. For example, if you allot your spouse a certain amount to use toward repairing or improving the home, the inheritance then becomes joined with the marital asset of the home. However, proof of this use will have to be presented in the case of divorce.

When you receive an inheritance, it is best to check the filing status, especially with property. Property deed filings can be filed accidentally along with your spouse's name. Keep in mind that accidental filing status can happen with money or possessions. Easily, this mistake can occur if your spouse helps pay the inheritance tax or if both you and your spouse sign for an inheritance with the misconception that it is required because you are married. An inheritance is possession only to the person that is heir to receive it, unless it is gifted to both you and your spouse.

[Edited 12/30/11 7:04am]

i know ppl that have gone to court and have received a portion of their x's inheritance, i know 3 infact, and they all said its not worth it but they did it out of spite. i would never do it, but lots of ppl here do, divorce is messy enough as it is, why add revenge to the mix.... i dont know

that woman in the story will get something because he was convicted when they were still together and that is what destroyed their marriage, the conviction affected her too

They were divorced AFTER he received his settlement...she shouldn't get shit. Point blank.

missfee said:

They were divorced AFTER he received his settlement...she shouldn't get shit. Point blank.

Right.

Timmy84 said:

missfee said:

They were divorced AFTER he received his settlement...she shouldn't get shit. Point blank.

Right.

Yes, but that is logic!!!

we r talking about a court case, lawyers, a judge, some kind of weird law and $$$$$$$$$$$$

Logic is not ever a part of things in this situation!!!

[Edited 12/30/11 16:53pm]

ThisOne said:

SUPRMAN said:

Did you read what you linked to?

You do not 'automatically' receive a portion of a spouses inheritance after a divorce.

There are specific conditions that have to be met.

If you divorced today and your ex inherited from his parents, you are not automatically entitled to a portion of it.

Furthermore the link doesn't specify which jurisdiction's laws they are using. The U.S. has no national inheritance laws.

"Whether possessions, moneys, or property, an inheritance may become commingled with the marital assets to be judged according to the Equitable Distribution Law. This can happen several ways. In one way, consider you receive a property inheritance. You and your spouse equally invest in the property to increase its value, during the marriage. The inherited property will then become community property to be distributed between both parties. This can work with money as well. If you and your spouse place the money in a joint account that will draw interest to increase the amount, the inheritance will become part of marital assets. Unfortunately, both parties do not always have to invest in the inheritance for it to become community property. If the inheritance appreciates during the marriage, there is the possibility that your spouse may receive a portion of its value after divorce.

Also, it is important to know that if your spouse helps pay the inheritance tax or any taxes on the inheritance thereof, then your spouse may be entitled to receive a portion of the inheritance if you divorce.

Another way your spouse may receive part of your inheritance is if you allow your spouse to use any portion of your inheritance on a regular basis. For example, if you allot your spouse a certain amount to use toward repairing or improving the home, the inheritance then becomes joined with the marital asset of the home. However, proof of this use will have to be presented in the case of divorce.

When you receive an inheritance, it is best to check the filing status, especially with property. Property deed filings can be filed accidentally along with your spouse's name. Keep in mind that accidental filing status can happen with money or possessions. Easily, this mistake can occur if your spouse helps pay the inheritance tax or if both you and your spouse sign for an inheritance with the misconception that it is required because you are married. An inheritance is possession only to the person that is heir to receive it, unless it is gifted to both you and your spouse.

[Edited 12/30/11 7:04am]

i know ppl that have gone to court and have received a portion of their x's inheritance, i know 3 infact, and they all said its not worth it but they did it out of spite. i would never do it, but lots of ppl here do, divorce is messy enough as it is, why add revenge to the mix.... i dont know

that woman in the story will get something because he was convicted when they were still together and that is what destroyed their marriage, the conviction affected her too

Um, that was twenty years ago and she remarried. Whatever effect it had on her is long gone.

A court isn't going to give her anything in equity.

ThisOne said:

Timmy84 said:

Right.

Yes, but that is logic!!!

we r talking about a court case, lawyers, a judge, some kind of weird law and $$$$$$$$$$$$

Logic is not ever a part of things in this situation!!!

[Edited 12/30/11 16:53pm]

Yes logic is.

In a complaint you can allege anything. Now she has to prove her case.

I still don't know the jurisdiction so don't know what law would apply.

Whether she sues under common law or equity, I don't see her case.

She hadn't visited him in 20 years? Didn't she abandon him and everything they had?!

IF she has a claim, it's not against her ex-husband, it is against the state. For breaking up their marriage etc.

[Edited 12/30/11 17:04pm]

SUPRMAN said:

ThisOne said:

Yes, but that is logic!!!

we r talking about a court case, lawyers, a judge, some kind of weird law and $$$$$$$$$$$$

Logic is not ever a part of things in this situation!!!

[Edited 12/30/11 16:53pm]

Yes logic is.

In a complaint you can allege anything. Now she has to prove her case.

I still don't know the jurisdiction so don't know what law would apply.

Whether she sues under common law or equity, I don't see her case.

She hadn't visited him in 20 years? Didn't she abandon him and everything they had?!

IF she has a claim, it's not against her ex-husband, it is against the state. For breaking up their marriage etc.

[Edited 12/30/11 17:04pm]

i will follow this story and case ~ its interesting that u brought up the notion of her having a claim against the state, as they issued him the money and she prob thinks that some of it should be hers so instead of going after them she is going after him... i am sure some legal person advised her to do so, as the logical thing would be to go after the state

but this is just my opinion

if i spent that much time behind bars

i'm ure i would have met someone

whom could rid me of my money prollum

very discreetly without my even askin.

a smoker'll do it fo fitty bucks

ThisOne said:

SUPRMAN said:

Yes logic is.

In a complaint you can allege anything. Now she has to prove her case.

I still don't know the jurisdiction so don't know what law would apply.

Whether she sues under common law or equity, I don't see her case.

She hadn't visited him in 20 years? Didn't she abandon him and everything they had?!

IF she has a claim, it's not against her ex-husband, it is against the state. For breaking up their marriage etc.

[Edited 12/30/11 17:04pm]

i will follow this story and case ~ its interesting that u brought up the notion of her having a claim against the state, as they issued him the money and she prob thinks that some of it should be hers so instead of going after them she is going after him... i am sure some legal person advised her to do so, as the logical thing would be to go after the state

but this is just my opinion

It sounds to me she needs to file a separate civil suit against the state.

Timmy84 said:

missfee said:

They were divorced AFTER he received his settlement...she shouldn't get shit. Point blank.

Right.

I don't see her getting nothing, but good luck with that one

SUPRMAN said:

ThisOne said:

yes i read the article

i guessed the 30%

but did u know that if i got divorced today and my x's parents die in 20 years time i get a share of his inheritance???

its just how it is, ppl are entitled to monetry gain for the time they were married

Show me the law.

I do not believe you.

The law of greed?

Terrib3Towel said:

If that bitch gets one penny of that money it further proves what a joke the U.S. justice system is. Hell if Sandusky can get unlimited access to under aged boys for 20 years, R. Kelly can record himself pissing on little girls, innocent people can get executed ANYTHING could happen. SMH!

I think (and hope) this is in the UK somewhere. Not sure where it is though.