Is a house that was deeded to my spouse joint property?

UPDATED: Aug 29, 2011

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Is a house that was deeded to my spouse joint property?

8 years ago my husband’s mother deeded her home to him with the condition that she could remain in the house and would maintain the house until the time of her death. She recently passed away and he is the sole beneificiary. We are still married, but currently separated. Is this house part of our joint property?We also own a home together.

Asked on August 29, 2011 Illinois


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

From the way that you have written the question here and the facts as presented it appears that the property has remained in the name of your husband with a life estate to his mother from the time that it was transferred until now, coinciding with the date of her death and the death of your marriage.  If that is the case then it appears that the property will be considered separate property for purposes of the divorce.  However, check with your attorney becasue some states do consider the value of separate property when distributing marital property.  The house that you both own is considered marital property and will be subject to equitable distribution.  Good luck.

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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