In a divorce would my wife get my inherited home?

UPDATED: Oct 11, 2011

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In a divorce would my wife get my inherited home?

I inherited my father’s home 3 years ago. My name is the only one on the deed. I never put my wife’s name on the deed.

Asked on October 11, 2011 under Family Law, Georgia


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

Answered 11 years ago | Contributor

As a general rule, assets inherited during a marriage are treated as separate, not marital, property. That having been said, such property can be "transmutted" (i.e. changed) from separate into marital property. This can happen in several ways, including the failure to keep the property separate by commingling it with marital property.

In a case such as yours, having the deed in your name alone is good evidence thatyour intent was to keep the property yours, and yours alone. Again, however, if marital property was used to maintain and/or improve the house your wife may have a claim to it, to at least to reimbursement of a portion of joint funds used for those purposes (and possibly any appreciation).

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 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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