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

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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

Answers:

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

Answered 10 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.


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