Is the spouse entitled to real estate property that was acquired during marriage but only one spouse’s name is on the deed?

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Is the spouse entitled to real estate property that was acquired during marriage but only one spouse’s name is on the deed?

My brothers soon to be ex-wife acquired real estate property from her mom during their marriage. Is my brother entitled to any portion of the real estate? His name is not on the deed, only his soon to be ex-wife and her sister. The mom did not want the house to go to her husband if she was to die, so she gave the property to her 2 daughters. The house is in TN.

Asked on September 13, 2010 under Family Law, Georgia

Answers:

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

Answered 11 years ago | Contributor

I am sorry for the situation as you have described it.  Basically what I am understanding from your question is that the property was inherited by your sister-in-law from her Mother.  Inherited property is generally speaking separate property and does not qualify for distribution as a marital asset in a divorce.  Or in other words, no, he is not entitled to half of the property or half of her half as the case may be.  If the property were co-mingled in some was (as is cash in bank accounts, etc.) then there could be an argument made.  But again, it does not appear to be the case here.  Good luck to her.


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