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#1 scott1967

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Posted 02 February 2013 - 10:29 AM

im getting divorced my question is my wife had her name put on her mothers house as well as her two sisters prior to her mothers death and also sevral years prior to us seperating. is the house considered an inheritance since her mother was alive or is it a marital asset.

#2 adjusterjack

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Posted 02 February 2013 - 11:48 AM

im getting divorced my question is my wife had her name put on her mothers house as well as her two sisters prior to her mothers death and also sevral years prior to us seperating. is the house considered an inheritance since her mother was alive or is it a marital asset.


Depends entirely on the laws of your state which you haven't seen fit to reveal.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#3 scott1967

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Posted 04 February 2013 - 04:29 AM

im getting divorced my question is my wife had her name put on her mothers house as well as her two sisters prior to her mothers death and also sevral years prior to us seperating. is the house considered an inheritance since her mother was alive or is it a marital asset.

i live in pa but she has the house in nj

im getting divorced my question is my wife had her name put on her mothers house as well as her two sisters prior to her mothers death and also sevral years prior to us seperating. is the house considered an inheritance since her mother was alive or is it a marital asset.



#4 Ted_from_Texas

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Posted 04 February 2013 - 06:02 AM

One cannot "inherit" property from a living person. Whether your spouse's ownership interest in her mother's property can be construed as marital property as opposed to a gift depends on the nature of the title she acquired, and the circumstances under which she acquired it. This is a matter you'll need to discuss in some detail with your attorney.

#5 pg1067

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Posted 04 February 2013 - 07:56 AM

im getting divorced my question is my wife had her name put on her mothers house as well as her two sisters prior to her mothers death and also sevral years prior to us seperating. is the house considered an inheritance since her mother was alive or is it a marital asset.


The premise of your question seems to be that it must be one or the other. If so, that's a false premise. What you described certainly is not an "inheritance" since, as the prior response notes, one cannot "inherit" property from a living person. It is more likely that it was a gift (I assume your wife didn't pay her mother to get her name on the title), and gifts to only one spouse are not marital property. Notwithstanding, your wife's receipt of this property interest may be relevant to the division of your marital property and to a claim by either of you for alimony, so you should discuss the matter with your divorce attorney.

#6 Guest_FindLaw_Amir_*

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Posted 04 February 2013 - 08:44 AM

Hard to determine without having the detailed facts. I also agree with the previous poster, this is a matter you may want to discuss with a local Divorce Lawyer to address.




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