If my husband divorces me and my name is not on the deed of the home he inherited from his uncle, is it still considered marital property?
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If my husband divorces me and my name is not on the deed of the home he inherited from his uncle, is it still considered marital property?
It is the only home that we have both lived in for over 7 years now. It is our only “married residence”.
Asked on October 15, 2015 under Family Law, Pennsylvania
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
First of all, until a divorce is final, your house is deemedto be the "marital residence", so your husband cannot force you to leave. After the your divorce, then whether or not you will have rights to the house will depend on just what happened over the past 7 years.
Typically, an inheritance is not considered to be marital property it is the sole property of the spouse who inherited. That having been said, in some cases funds can become "co-mingled" so that a seperate asset becomes a marital asset. For example, was the house maintained and/or renovated using your income or other of your money? If it was, then you can either be entitled to a share of the equity in the house or at least repayment of the funds that you put in, plus interest. It will all depend on the facts of your situation.
At this point, you should consult directly with a divorce attorney in your area they can best advise you after hearing all of the details of your case.
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