If my father’s house is in probate and my husband and I are seperated, is he entitled to any of the proceeds from the sale of the home?

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If my father’s house is in probate and my husband and I are seperated, is he entitled to any of the proceeds from the sale of the home?

Asked on June 11, 2011 under Family Law, Illinois

Answers:

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

Answered 10 years ago | Contributor

No he will not be entitled to these proceeds. An inheritance (which is what this is) is considered to be a spouse's separate property. Accordingly the other spouse has no rights to such an asset. So just be sure to keep these proceeds separate from other marital assets. If they are co-mingled you could have problems.

Also, your separation should address what happens to any other assets that you receive after the date of your separation, otherwise your spouse could claim an interest in them. If you do not have such an agreement you should get one.


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