Legal Question in Family Law in New York
Acquiring property
I will inherit my mothers home upon her dealth. She has cancer and the outcome doesn't look good. I have recently gottin married and wondered if my husband would have and rights to the house upon her dealth.
2 Answers from Attorneys
Re: Acquiring property
Bequests or inheritances are not considered marital property.Why if you have doubts did you get married? Why didn't you execute a pre-nup agreement to spell out rights and responsibilities in the event of a divorce? A post-nup agreement may be helpful.
Re: Acquiring property
Your husband has no rights to the house upon your Mother's death. Inheritance is considered "separate property" and not "marital property."
HOWEVER, if you wish to keep it this way...DO NOT PUT HIS NAME ON THE DEED WITH YOURS.
FYI...should you divorce...your husband may be entitled to 50% of any increased value of the home due to improvements he makes that help increase the value.
Best wishes for your Mom's health.
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