If my brother and I own a house together, does my husband have any rights to it?

UPDATED: Sep 7, 2011

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If my brother and I own a house together, does my husband have any rights to it?

It was left to us by our dad who passed when we were married.

Asked on September 7, 2011 under Family Law, Virginia


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

Answered 11 years ago | Contributor

First of all, VA is not a community property state; it uses "equitable distribution" to determine just how property is to be divided in a divorce. Additionally, when parties get divorced the court must first classify property as "marital" or "separate" property. Marital property is defined as all property acquired during the marriage and prior to the date of separation, except property that is classified as separate property. Marital property is valued and distributed between the parties. Separate property is defined as all property acquired by a spouse before marriage or acquired by a spouse by inheritance or gift during the course of the marriage. Separate property remains the separate property of the spouse who received the property.

Since the facts of your case are not entirely clear as presented, you should speak with a divorce attorney directly. They can best advise as to your property rights in this matter.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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