QUESTION

After I have already filed for divore and then my mother passes away is my soon to be ex entitled to her house she left?

Asked on Jun 26th, 2013 on Divorce - Ohio
More details to this question:
My soon to be ex wife and I filed for divorce about 6 months ago we are still in the proceedings. My mother passed away a month ago and now my soon to be ex wife is trying to get half of my share of a house that was left to me and my siblings? Is this possible for her to do or since we were already in separation does she not have the right? Im from ohio and not sure on the laws?My soon to be ex wife and I filed for divorce about 6 months ago we are still in the proceedings. My mother passed away a month ago and now my soon to be ex wife is trying to get half of my share of a house that was left to me and my siblings? Is this possible for her to do or since we were already in separation does she not have the right? Im from ohio and not sure on the laws?
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1 ANSWER

Estate Planning Attorney serving Cleveland, OH at The Perla Law Firm, LLC
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Under Ohio law, when parties get divorced the court differentiates between separate and marital property. An inheritance, like gifts or property acquired before the marriage, is considered separate property. Generally, separate property is awarded to the individual owner as long as it can be traced.  Tracing is showing the Court the trail of the asset from receipt to current form. However, the Court has the authority to make a distributive award, an award of separate property to the other spouse, if needed to acheive equity. Hence, in a nut shell, as long as you can show that you inherited the house, you should have no issue with tracing. Absent a distributive award, Wife should not be awarded any part of the home. Please be advised that the above answer is for information purposes only and is not intended to create an attorney client relationship.
Answered on Jun 27th, 2013 at 2:00 PM

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