Dose my spouse have any rights to a house that was gifted to me by my uncle?

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Dose my spouse have any rights to a house that was gifted to me by my uncle?

My uncle passed away and left me money, properties and a house. My wife’s divorcing me and I’m worried that she can take it.

Asked on July 31, 2019 under Family Law, Ohio

Answers:

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

Answered 2 years ago | Contributor

An inheritance is not marital property; it is the property of the person who inherited. So as long as your is the only name on the deed (i.e. you didn't add your spouse to the title), then the house is yours. The only exception might be if you intermingled marital funds regarding maintenance, repairs or mortgage payments. At this point, you should consult directly with a local divorce attorney.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

An inheritance belongs only to the person who inherited it: it is not considered marital property, or something which the spouse would have any interest in or right to, unless you put the spouse on  the title. So if you can prove what was inherited, your spouse should not have any right to those assets.


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