Legal Question in Family Law in Kentucky
Inheritance
I have been married for 7 years and my father passed away in 2004 at the age of 48. He had a will and gave me real estate property one of which I live in. I was wandering if I was to get divorced, could my husband take what my dad left me? No money or loans are on the property. I was paid for when he left it to me. Thanks
2 Answers from Attorneys
Re: Inheritance
The real estate your dad left you is your non-marital property. It gets a little more complicated though. If you deed it into yours and your husband's name, this could impair your ability to say it is non-marital. Also, if the two of you improve the real estate in some way, the value added to the real estate by your combined efforts would be marital property. A postnuptial agreement might be wise if you two are still working on the marriage and cooperative.
Re: Inheritance
No, what you inherit is not marital property. But be careful not to put any marital money into it, because that part will be subject to the property division laws.
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