Does my ex-wife have the right to land that was gift deeded from my family to both of us?

UPDATED: Sep 14, 2011

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Does my ex-wife have the right to land that was gift deeded from my family to both of us?

My parents gifted deeded land to my and my ex wife; the land is part of my inheritance. About 5 months after it was gifted we were separated. The court order her to be able to live in it while she had our 2 kids. A new custody order is in place and the house is not in it. She has let the house run down (the house is only in my name and was also a gift from my parents). She has moved in with her mom and no longer up keeps the place and tells me that I have no right to it.

Asked on September 14, 2011 under Family Law, North Carolina


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

A custody order is not a determination as to what is or is not marital property. So the land was gifted to both of you but the house only gifted to you?  The general rule is that property received as an inheritance or gift is separate property.  So the house is yours - for the time being; there are issues here - but the land is a gift to both of you. As for the house, even though it is in your name you made it the "marital home" and there could be seen an intention to have it become marital property.  If you two can not agree the court will decide based upon a set of factors.  Good luck to you.

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