If I was given my grandmother’s ring per her Will after I was married, now that I’m divorcing is it my sole property?

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If I was given my grandmother’s ring per her Will after I was married, now that I’m divorcing is it my sole property?

My husband states it needs to be sold and profits divided. Can he do that? It was my grandmother’s.

Asked on November 10, 2015 under Family Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It is not your sole property automatically: in your state, all property acquired during marriage, including via inheritance, is presumed to be marital property. However, it is also not necessarily the case that it must be sold and split 50-50:
1) Court have discretion to deviate from the default 50-50 split for equitable (fairness) reasons, and will look at a number of factors, including whether something was inherited or not, in determining how property shold be divided; so the family court might simply award the ring to you.
2) Even if the ring is to "split," a court would almost certainly allow you to pay your husband his share, or give up an equal amount of othe assets, and keep the ring because of its family/sentimental value.


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