If my mother gave me some land and home which I had put in mine and my wife’s name, in a divorce would the land and home still be mine?

Asked on December 15, 2011 under Family Law, Kentucky

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Assets acquired prior to marriage are treated as separate property. That having been said, such property can be "transmutted" (i.e. changed) from a separate into a marital asset. This can happen in several ways. This includes adding a spouse's name to property because it serves as good evidence that the intent was to make the assets joint (and you did not keep the property solely in your name). Also, transmutation can occur by the failure to keep property separate and commingling it with marital property. Were joint assets used to maintain and/or improve the property? If so, that would make even stronger any claim your wife might make.

At this point you should consider consulting directly with a divorce attorney in your area. They can more fully discuss with you your rights and/or responsibilities.


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