Legal Question in Family Law in New York

My mother passed away when I was 19. I got married when I was 20. If I am looking into a divorce, would items I inherited from her estate be under debate of ownership in the divorce. Her estate was settled after I got married. The item I am wondering about is my house. It's the house I grew up in and I would be willing to let him have EVERYTHING inside if I can keep the house, but if it wouldnt be up for debate in the divorce I could try to keep some of my other possessions.


Asked on 2/01/13, 7:57 pm

2 Answers from Attorneys

Paula McGill Attorney at Law

As a general rule, inherited assets are not marital property. What you did with that inherited property after you received it may adversely influence your position. For instance, did you place your husband on the deed after the property cleared probate?

Because a large asset is involved, I strongly recommend that you seek advice of counsel. Even if you decide to represent yourself in the divorce, take the time and money for an initial consultation with an experienced family law attorney, it will be worth it.

Also licensed and practicing in NY

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Answered on 2/03/13, 10:56 am
Jordan Trager Wisselman, Harounian & Associates, P.C.

The house should be your separate property since you inherited it. Did you ever put his name on the deed? It would be helpful for you to speak with an attorney directly.

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Answered on 2/04/13, 8:16 am


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