If my mother gave me some land and home which I had put in mine and my wife’s name, in a divorce would the land and home still be mine?

UPDATED: Dec 15, 2011

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If my mother gave me some land and home which I had put in mine and my wife’s name, in a divorce would the land and home still be mine?

Asked on December 15, 2011 under Family Law, Kentucky


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

Answered 11 years ago | Contributor

Assets acquired prior to marriage are treated as separate property. That having been said, such property can be "transmutted" (i.e. changed) from a separate into a marital asset. This can happen in several ways. This includes adding a spouse's name to property because it serves as good evidence that the intent was to make the assets joint (and you did not keep the property solely in your name). Also, transmutation can occur by the failure to keep property separate and commingling it with marital property. Were joint assets used to maintain and/or improve the property? If so, that would make even stronger any claim your wife might make.

At this point you should consider consulting directly with a divorce attorney in your area. They can more fully discuss with you your rights and/or responsibilities.

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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