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#1 heartbroken_09

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Posted 10 July 2013 - 09:46 AM

I am currently seperated and have a question about my home.

My husband inherited the home from his father 3 months before we got married, we had been living together 2 years prior to this, since then we have completely remolded the home from floors walls ceillings and all new appliances. Plus he also inherited 2 other homes that we have remolded since we have been married. In this case do I have any rights to these homes even though they where inherited? And 102 acres of tland that these houses set on.



#2 pg1067

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Posted 10 July 2013 - 10:56 AM

Marital property laws vary from state to state, and you didn't identify your state.

 

However, I believe it is universally true that property acquired before the marriage and property acquired during the marriage by way of inheritance is separate or non-marital property that is not subject to division in the event of a divorce.

 

The question then becomes whether you have a marital interest in any or all of the three properties mentioned.  Unfortunately, we'd need a lot of additional information (besides your state of residence and, if different, the state(s) in which the properties are located) to opine about that.  You mentioned that all three properties were remodeled.  Did all of the remodeling work occur during the marriage?  Did you or your husband do any of the work, or did he hire contractors?  Where did the money used for the remodeling come from?  Did your husband use earnings during the marriage?  Did he borrow money against the properties?  If he took loans, what is the source of the money that has been used to repay those loans?  Did you and he ever make any agreement relevant agreement (particularly one in writing) regarding any of the properties and/or the remodeling work?  Many other facts may be relevant depending on the applicable state law.



#3 heartbroken_09

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Posted 10 July 2013 - 11:08 AM

We live in Alabama. The remolding on all three houses did occur after our marriage and we did a lot of the work ourselves. We did contract some of the work by taking out loans on the houses to pay for this work. The loans are currently being paid out of our joint account. I also had to take out 2 loans from my 401K account to pay property taxes on all of this property. But does is count that we lived together for 2 years before we got married and we were planning the wedding as his father passed away.



#4 pg1067

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Posted 10 July 2013 - 12:18 PM

I suspect that you may be entitled to an increased share of the division of marital assets and/or that the court may order your husband to pay some amount to you.  However, I think it is unlikely that you will have any claim to the properties themselves.  That you lived together before getting married is irrelevant.  I strongly suggest that you consult with an Alabama divorce attorney for a more comprehensive analysis of these issues.



#5 Guest_FindLaw_Amir_*

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Posted 10 July 2013 - 01:36 PM

I agree with the previous poster, you may want to consult with a local Alabama Divorce Lawyer to advise you of your rights. You may also want to visit the Family Law Center: Divorce and read Divorce and Property as a good resource.



#6 Fallen

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Posted 12 July 2013 - 02:09 PM

AL isn't a "kitchen sink" state in that inherited stuff is in the pot automatically.  You're free to go after your marital interest in the places by virtue of how much they increased in value by virtue of work/remodeling (not "remolding") work done during marriage using marital effort and dough $$$.  (I'll assume didn't use pre-marital, gift or inheritance money to remodel the places and you used.)

The fact that someone would get a 401k loan to pay property taxes is kinda scary, but note that your 401k to the extent it went up during marriage is something he'd have a marital interest (and you his).

Please hire an attorney.  You can do plenty of research yourself in terms of what the properties were worth as of when he inherited them by pestering the assessor's office and asking a realtor to do comps on the places at the time if there's any evidence of their condition as of when they were inherited.

 

Unless there's other marital stuff you're interested in getting 100% of such that he'd give up his interest in Y other stuff to keep one, two or all of these properties, I have a feeling you'll be needing to pursue sale of these properties to get your dough.  Maybe you're interested in getting one of the properties and are willing to waive your marital interest in the value of others??  Stuff to think about ... with an attorney.


I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)





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