QUESTION
My husband got a house given to him is it considered marital property?
Asked on May 24th, 2013 on Estate Litigation - New York
More details to this question:
My father in law drew up legal documents that states my husband gets his house when he passes now since we're married is that house considered marital property?
1 ANSWER
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No, it's not anybody's property other than your father-in-law's unless and until he dies. It's is not part of your marital estate and cannot be disposed of by you or your husband. After your father-in-law dies, the house will become your husband's property. It will not be "marital " property under New York law, but rather "separate" property, because it will have been acquired by inheritance.
Answered on May 24th, 2013 at 3:03 PM