Doesmy husband have any right to a home thatI inherited?

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Doesmy husband have any right to a home thatI inherited?

I am legally blind and disabled. My husband recently moved out of our home and lives with our daughter. The home is under my name because of an inheritance. Does he have any rights to my home?

Asked on September 11, 2011 under Family Law, New Jersey

Answers:

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

Answered 10 years ago | Contributor

Typically, any assets inherited during a marriage is treated as separate, not marital, property. However, such property can lose its "separate" designation and effectively be converted into marital property. This can happen in several ways, including the failure to keep the property as separate by commingling it with marital property. In a case such as yours, having the deed in your name is good evidence that the intent was for the property to remain yours. Again, however, if marital property was used to maintain or improve the property your husband 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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