Legal Question in Family Law in Connecticut
My brother in law is going through a divorce. His father, before passing away, put his house in my brother in laws name. His mother has lived in this house for 35 years. My brother in laws wife wants him to sell his mother's home so as to pay off the house she lives in so she can live mortgage free. All assets are currently frozen. Is there any case law or anything my brother in law can do to keep his mothers home out of this divorce??
2 Answers from Attorneys
Generally speaking, assets you brought to the marriage, or got as inheritances or gifts during the marriage, stay with you. The appreciation of the asset during the marriage may get split up between the husband and wife, but not the value at time of gift. So it's important to know when he got the property, what it was worth at that time, did he put money into the house (new roof, new furnace, etc.) and are there any other assets in the marriage, or is this it.
I disagree with Attorney Heffernan. Any gifts or inheritances that occur during the marriage are part of the marital estate. Furthermore, any assets brought into the marriage are also part of the marital estate.
The court can consider where the assets came from and whether the other party contributed to that asset, but that is only one factor the court will consider.
It's all game. Your brother-in-law should consult with legal counsel.
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