If a buy a house with my inheritance and my husband and I laterdivorce, will he have any rights to the house?

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If a buy a house with my inheritance and my husband and I laterdivorce, will he have any rights to the house?

If a buy a house for my family in cash with my (separate) inheritance and me and my husband divorce later on will he have any rights to the house? What if I put down 80% and he helped pay the remaining 20%? Would he only have the right to the 20% he helped pay or would he be entitled to half? We are military so can’t give a specific state.

Asked on September 15, 2010 under Family Law, Alaska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You definitely need to speak with an attorney about how to do this. The short answer is, as a general matter, money a spouse inherits during marriage or home she buys would be assets to which her spouse may have recourse in the event of a divorce, the same as money earned by a spouse and banked, or a house bought with income (wages, etc.), would be property to be divied up during a divorce. There are ways to set things up so your husband would not get a portion, but you have to set it up right; given how much money (a house!) you're talking about, it's well worth it to consult with an attorney (e.g. a family law attorney) and have the lawyer help you structure the transaction so as to protect your interests in the event of divorce.


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