QUESTION

Inheritance. What, exactly, will I be entitled to?

Asked on Jun 10th, 2020 on Divorce - Tennessee
More details to this question:
We've been married 30 years. My husband inherited a farm when his father died before we married. I understand that is his and is not considered marital property. At what point does it become marital property? OR does it ever? We moved to the farm 23 years ago and have lived here ever since. We sold 20 acres when we first moved here to pay down debt. We recently sold another 16 acres because his mother talked him into it for whatever reason. I was not included in that decision because I am not counted as having a voice in anything to do with the farm. I kept quiet up until my husband offered me half of the sale price to just leave since I was entitled to it since he sold it after we married. This tells me he has already consulted a lawyer. We mortgaged another 20 acres to build the house we live in now. This leaves around 25 acres that is unsold and unmortgaged. He has a sizeable 401k, which he started about 15 years ago. Am I entitled to anything? We're in Tennessee.
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1 ANSWER

Family Law Attorney serving Nashville, TN at WalshLaw
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The 401k is marital. I'd say the farm is marital at this point. The portion mortgages and the portion you jointly built on are clearest. The un mortgaged 25 acres would require a closer look. Being marital does not mean a court would have to award you half, though that's a starting point. 
Answered on Jun 12th, 2020 at 11:51 AM

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