Married in 2004, husband took over family farm in 2006. Do I have a legal right in the decision of the property if his son is added to the deed?

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Married in 2004, husband took over family farm in 2006. Do I have a legal right in the decision of the property if his son is added to the deed?

My husband’s name is the only one on the deed. Does this make a difference?

Asked on June 24, 2009 under Real Estate Law, Pennsylvania

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

I'm assuming the farm is from your husband's family.  Right now, you have no ownership interest in the property at all, and no say in any decisions about it.

If you were to file for divorce, one of the important facts would be when your husband's name went onto the deed.  If that was before your marriage, you would probably not get any part of the farm.  If the farm was inherited, it wouldn't matter when your husband's name went on the deed, because in almost every case, inherited property isn't part of what gets split up in a divorce.


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