Doesmy husband have any right to a home thatI inherited?

UPDATED: Sep 11, 2011

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Doesmy husband have any right to a home thatI inherited?

I am legally blind and disabled. My husband recently moved out of our home and lives with our daughter. The home is under my name because of an inheritance. Does he have any rights to my home?

Asked on September 11, 2011 under Family Law, New Jersey


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Typically, any assets inherited during a marriage is treated as separate, not marital, property. However, such property can lose its "separate" designation and effectively be converted into marital property. This can happen in several ways, including the failure to keep the property as separate by commingling it with marital property. In a case such as yours, having the deed in your name is good evidence that the intent was for the property to remain yours. Again, however, if marital property was used to maintain or improve the property your husband may have a claim to it, to at least to reimbursement of a portion of joint funds used for those purposes (and possibly any appreciation).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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