QUESTION
Is one legally entitled to spouse inheritance?
Asked on Jan 18th, 2013 on Divorce - Michigan
More details to this question:
Is spouse entitled to half of my house? That I solely own before we married cause he resided here during marriage. Also is a spouse entitled to the other inheritance if received during marriage.
8 ANSWERS
Inherited property is the separate property of the spouse and remains so unless the property is then commingled with or improved by community funds or assets. You should consult a family law attorney to review all of the facts and advise you.
Answered on Jan 23rd, 2013 at 1:07 AM
Any property acquired during the marriage is community property, subject to division in a divorce, and property acquired prior to marriage is separate property (not subject to division). Some exceptions: inheritance received during the marriage is presumed to be separate property unless it is combined with community property (e.g. deposited in a joint account); also, if you owned a home prior to marriage and added your spouse to the deed, the house has likely become community property. I recommend you consult with an attorney to discuss this matter in greater detail.
Answered on Jan 23rd, 2013 at 1:06 AM
Inheritance is separate property and belongs to you. You may will it to whomever you want. However, if you used community property on the house you bought before marriage, there may be a community property interest in the house. I think you ought to consult with an attorney about this.
Answered on Jan 23rd, 2013 at 1:04 AM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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Items owned prior to the marriage and inherited during the marriage are separate property and belong entirely to the person who received them. There are some other aspects of Texas marital property law that are difficult to explain without knowing the other facts of your situation. Therefore, I suggest you hire a lawyer.
Answered on Jan 23rd, 2013 at 1:02 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If he is your spouse, probably. If he is your ex-spouse no. Now having said that, if the house is in your name and your will devises the property to somebody else and you give your spouse nothing, he may be entitled to approximately $60,000 out of your sole property in addition to the community property. You should call the Idaho State Bar and ask for a referral so that you know exactly what you want to do.
Answered on Jan 23rd, 2013 at 1:02 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Inheritance is your separate property. However, you will have to prove it's your inheritance and that you did not use any community money to make mortgage payments (that could give the community a small interest in the house). If you kept your other inheritance separate in separate accounts, you should be able to prove where it came from and that no community money went into the accounts. It's your burden to prove it is separate inheritance.
Answered on Jan 23rd, 2013 at 1:02 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You really must consult with an attorney and provide details before an opinion can be reached. As for the house, if it was paid for during the course of the marriage through a normal mortgage there may well be some interest which your spouse will have. Regarding inheritances, they are generally considered to be separate property unless they have been combined with other marital funds and lost their separate and identifiable nature.
Answered on Jan 23rd, 2013 at 1:00 AM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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As long as you keep inheritance separated from marital property the spouse is not entitled. As far as your home, that is more difficult to determine if spouse contributed to upkeep, maintenance, bills, etc. That would have to be determined on a case by case basis depending on many factors.
Answered on Jan 23rd, 2013 at 1:00 AM