In a divorce would my wife get my inherited home?

I inherited my father’s home 3 years ago. My name is the only one on the deed. I never put my wife’s name on the deed.

Asked on October 11, 2011 under Family Law, Georgia


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

Answered 9 years ago | Contributor

As a general rule, assets inherited during a marriage are treated as separate, not marital, property. That having been said, such property can be "transmutted" (i.e. changed) from separate into marital property. This can happen in several ways, including the failure to keep the property separate by commingling it with marital property.

In a case such as yours, having the deed in your name alone is good evidence thatyour intent was to keep the property yours, and yours alone. Again, however, if marital property was used to maintain and/or improve the house your wife may have a claim to it, to at least to reimbursement of a portion of joint funds used for those purposes (and possibly any appreciation).

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