Legal Question in Family Law in Kentucky
Divorce Assets
My husband and I have been married for 27 years. He owns a home , which belonged to his parents. His mother is still living and she holds a life time estate there. The house was given to him before our marriage. However,since this time , the insurance has been changed over to his name from hers. My question to you is this ....Do I have a legal claim to this home also after her death in division of martial properties. I have been told that I do, but I was just wondering. Also, we have 3 children.
1 Answer from Attorneys
Re: Divorce Assets
The only marital interest you would have in that piece of property would be part of any increase in value of the property through your or your husband's efforts. In other words, if the property has just sat there and it is worth more because of inflation and rising property values alone, then you would not have a marital interest. If it increased in value because you and/or your husband put a new roof of, landscaped, new flooring, or some other improvement, then you would have a marital interest in that part of the increased value.
You technical have an interest in the property during the "coverage" of the marriage. However, such an interest has very little real dollar value.
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