Going thru a divorce. I am wanting to sell the house and split the equity. My husband is saying all the equity in our house is his inheritance from his mom and that I should get nothing. Background: his mom sold us her house and both our names are on the deed. it was never mentioned this home was an inheritance until now and there is no proof other than her word saying it is. Will he win the house because of this?
Location: Georgia
Comments
Consult a divorce lawyer
“Will he win” isn’t something we can answer.
That said, inheritance doesn’t matter until the party is deceased. If they give up property (by selling a house) before that it’s no longer part of their estate; what would have happened to it after their death is irrelevant.
IANAL, but you need to clarify. Was the house gifted or sold? Did you buy it for fair market value?
NAL but somewhat well versed in divorce and inheritance law as I have been divorced and received a large inheritance. He has no leg to stand on. he did not inherit, you both purchased a home. Inheritance when properly managed is not martial property. But this was not an inheritance. She cannot declare it an inheritance because she transferred the asset before she died, and I am guessing benefitted from the sale. Even if it were somehow an inheritance, you being added to the deed turned it into martial property.
Typically the only way to keep an inheritance not subject to division in divorce, is to not commingle those assets.
Given the fact they put your name on the deed as well, it’s highly likely this piece of property will be considered a marital asset. But given it’s clear, this will not be an uncontested divorce, you need to hire an attorney.