QUESTION
I have inherited farm real estate (before marriage), husband and I farmed for 4 years together does this entitle him to any of real estate?
Asked on Jan 04th, 2013 on Divorce - Texas
13 ANSWERS
Criminal Defense Attorney serving Deltona, FL
at
R. Jason de Groot, P.A.
Update Your Profile
More facts are needed in order to give any advice on this subject.
Answered on Jan 10th, 2013 at 8:19 PM
Under Utah law, only the increase in equity from the time the farm was inherited until the time of divorce would be up for a 50/50 division. For example: the farm was inherited at a value of $200,000, with an existing mortgage of $50,000, and the farm is now valued at $275,000. The calculation would e as follows: $275,000 less $75,000 = $200.000 the amount of value you inherited, thus no equity is available for division.
Answered on Jan 10th, 2013 at 6:54 PM
Not unless the community made improvements on the property. If so, then the community would be reimbursed for those improvements.
Answered on Jan 10th, 2013 at 7:17 AM
What you inherited is your separate property. Husband might be entitled to some reimbursement for improvements made to the property. Your best bet is to meet with a family law attorney in your county for complete advice concerning your rights and duties if a divorce goes forward.
Answered on Jan 10th, 2013 at 6:43 AM
Medical Malpractice Attorney serving Clermont, FL
at
Joanna Mitchell & Associates, P.A.
Update Your Profile
That depends on whether the farmland was paid for. You need to consult with an attorney.
Answered on Jan 10th, 2013 at 6:30 AM
Probate Law Attorney serving Colorado Springs, CO
at
John E. Kirchner
Update Your Profile
It partly depends on what state is involved, but generally property you owned before marriage or acquired by inheritance is your separate property and, therefore, excluded from division in divorce. However, the value of any appreciation in value during the marriage may be considered marital property and, therefore, subject to rules applied to other marital property in your state. And, whether the property you inherited is still separate may depend on what you have done during the marriage; for example, if you deeded the property to add your husband as an owner, it probably is no longer considered separate property.
Answered on Jan 10th, 2013 at 6:05 AM
Divorce/Family Law Attorney serving Carlsbad, CA
at
Anne B. Howard, A Professional Law Corporation
Update Your Profile
It's yours but he may be entitled to some of its value. You really need to discuss the details with an attorney to preserve your asset.
Answered on Jan 09th, 2013 at 11:51 PM
Not to the real estate. He may have other contribution claims.
Answered on Jan 09th, 2013 at 11:50 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
Maybe. Did you share the profits of the farm as community property? Did you pay him a wage for working the farm? Did you participate together in making decisions about the farming? In other words did you treat it as separate property or did you treat it as community property? If the former, then it is doubtful that he will have rights in the farm. If the latter, then he may share in it.
Answered on Jan 09th, 2013 at 10:58 PM
Civil Attorney serving Spokane, WA
at
Glenn E. Tanner, Attorney at Law
Update Your Profile
You can make an argument that the farm is all or mostly your separate property. The court can divide separate property but tends to give you back your separate. Whether the sep. would get divided, depends on factors you haven't discussed. See an attorney asap.
Answered on Jan 09th, 2013 at 10:54 PM
Child Custody Attorney serving Milwaukee, WI
at
Zales Law Office
Update Your Profile
It may, divorces usually split all assets 50-50. There are, however, exceptions. A lot depends on facts that you have not mentioned. It is a somewhat complicated area of family law.
Answered on Jan 09th, 2013 at 10:44 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
It impossible to answer the question without additional details. Generally not, but there are exceptions.
Answered on Jan 09th, 2013 at 10:41 PM
Divorce Attorney serving Frisco, TX
at
Mackoy, Hernandez, Jones and Woods LLP
Update Your Profile
No, land acquired prior to marriage is separate property and the court cannot divide it. I suggest you hire a lawyer.
Answered on Jan 09th, 2013 at 10:40 PM