Is gifted real estate considered to be marital property if both spouse’s names are on it?

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Is gifted real estate considered to be marital property if both spouse’s names are on it?

My husband’s family deeded us property several years ago in both our names but the deed description readss “gift to son/nephew”. Is this property still considered mine as well as his?

Asked on September 9, 2010 under Real Estate Law, Kentucky

Answers:

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

Answered 10 years ago | Contributor

Humm, very interesting set of circumstances.  It is my understanding that Kentucky law assumes that all property is marital property in the first instance regardless of how it is titled.  It is true that if you can establish that the property was a gift from someone other than your spouse to you and you alone it can be deemed "non-marital."  Seems to be a pretty big "mistake" that the property was titled in both your names but "intended" to be only his with the inscription.  Why would anyone sign the deed as it was written with both names on it if they did not have the intention of making the property marital?  That would be the basis of my argument but you should really seek elgal help from an attorney in your area when the time comes.  Good luck. 


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