Ismy wifeallowed half ofahouse that was gifted to uswhen we finally do our property settlement since it is part of my inheritance?

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Ismy wifeallowed half ofahouse that was gifted to uswhen we finally do our property settlement since it is part of my inheritance?

About 5 months before my ex-wife and I divorced, my father gift deeded us land from my inheritance and put both our names on it. This was because she told me if I would by her a house she would work on our marriage. Is she allowed half of it when we finally do our property settlement since it is part of my inheritance when my dad and mom pass on?

Asked on September 15, 2011 under Family Law, North Carolina

Answers:

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

Answered 10 years ago | Contributor

If it was a gift to the two of you and both of your names were placed on the deed then I think it may indeed be considered marital property to be divided in the divorce.  Now, if you want to try and say that the gift was perpetrated by fraud and that it should be set aside - I do not even know if such an argument will fly - then speak with your attorney about trying that angle.  But otherwise it was a gift to the two of you and I do not see how you are going to get around that here. It will be considered marital proeprty for distribution in the divorce.  Good luck to you.


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