Legal Question in Family Law in Kentucky
family inherited property
will my husband have any legal rights to a property left to me in thhe event of a divorce?
Asked on 7/06/09, 2:58 pm
1 Answer from Attorneys
Gregory Napier
Troutman & Napier, PLLC
Re: family inherited property
The answer depends on more specific facts. Gifts or inheritances given to you (and only you) during a marriage are non-marital property as long as it can be traced. Real estate is easy to trace. However, on any real property you own during a marriage you spouse has a tiny interest during the "coverage" of the marriage. So, your spouse would have to quitclaim this interest even though it would have negligible dollar value. Also, if spouse helps improve the property and thus increase its value, that increased value is marital property.
Answered on 7/06/09, 4:39 pm