If my wife inherited a house, do I have any rightsto itin a divorce?

UPDATED: Nov 10, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Nov 10, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my wife inherited a house, do I have any rightsto itin a divorce?

Asked on November 10, 2011 under Family Law, Colorado


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

Answered 11 years ago | Contributor

The general rule is that assets acquired prior to marriage or inherited are treated as separate property; they are not viewed as a marital asset. That having been said, such property can be "transmuted"; (i.e. changed) into a marital asset. This can happen through the failure of keeping the property separate by commingling it with marital property. 

Was the deed kept in your wife's name alone? If so, that is good evidence (but not the only evidence) that her intent was to keep the property hers alone. Was marital property was used to maintain and/or improve the house? If so you may have a claim to it, or at least to reimbursement of a portion of joint funds used for those purposes (and any appreciation).

At this point, it might just be time to consult directly with a divorce attorney in your area. They can more fully discuss your rights in this situation.

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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption