If I inherited my deceased parent’s house and I was later married but am now getting a divorce, does my spouse have any legal claim to it?

Asked on July 5, 2012 under Family Law, Maine

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you live in a community property state, community property is property acquired during marriage.  Community property also includes income during marriage.  Each spouse has a one half interest in the community property.

Separate property is property acquired before marriage or after the marriage ends.  Separate property also includes income before marriage or after the marriage ends.  A spouse has no claim to the other spouse's separate property.

An inheritance is your separate property whether it was received before marriage or during marriage or after the marriage ends.  Therefore, your spouse has no claim to your inheritance which is your separate property.

If you don't live in a community property state, other rules may be applicable.


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