Legal Question in Wills and Trusts in New Jersey
Inherited real property
I was left real property, in my name only, by my dad in his Will, does my spouse have any interest in it at all?
2 Answers from Attorneys
Re: Inherited real property
Does your spouse have any interest? that depends on several things. if you and your spouse lived in it, then yes, your spouse has some interest for some purposes including rights against creditors or mortgage companies.
and if you are talking about divorce purposes, there are several factors that come into play. You really need to talk this over with a lawyer.
This sounds like just a part of a larger problem.
Call me if you like; the call will be free. I will answer your questions as best I can, and you can then decide what you would like to do.
Re: Inherited real property
If you provide me with a copy of the Will, I could tell you for certain, but generally, if the property was left to you in the Will, your wife would not have any right to it. That said, if you sell it, the title company may require her to join in the deed of conveyance to release any marital rights.