How is inherited property treated in a divorce?

Question Details:

My husband owns property he inherited after we were married. If I get my name on the deed am I entitled to 1/2 of value of the estate, if we divorced?

Asked 11/23/2009 under Divorce, Marriage, Alimony | 534 View(s) | More Legal Topics

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Divorce, Marriage, Alimony Law Answers

Divorce court is a court of equity.  The court will look at a number of factors when determining how to divide up property that is considered marital property.  marital property is generally defined as property that is acquired during the lifetime of the marriage. Among the factors that the court will look at to determine what interest you have in the property is how long your marriage lasted.  if you marriage only lasted a few years, the court may not be so quick to give you 1/2 of all the assets.  I suggest that you hire a lawyer in the event of a divorce.  For now, the property will be considered marital property and you may be entitled to it in the event of a divorce.

Typically, any property or money inherited during a marriage is treated as separate property for purposes of a divorce.  However this is only true insofar as the separate property has been kept that, separate; if not it can lose its "separate" designation and effectively be converted into marital property.  This can happen in several ways, including the failure to maintain the property as separate or commingling it with marital property. In a case such as yours, a joint deed may be deemed to be evidence on your husbands part that the real estate become marital property.  In this event, it will be treated the same as any other material asset and be distributed "equitably".

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