Legal Question in Family Law in New York

If Property is willed to a child from a previous union is it still considered ma

I have been married for three years, I recently purchased a home in Atlanta GA. If the property is willed to a daughter from a previous union will it be considered marital property and subject to terms in case of a divorce settlement, I purchased this home in the hopes of passing it on to my daughter, the home is in my name only, I want to know how can I protect what I intended to be my daughter's inheritance.


Asked on 9/24/04, 11:02 am

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: If Property is willed to a child from a previous union is it still considere

Real and personal property of whatever nature and wherever located ACQUIRED during a marriage is "PRESUMED" to be marital property.

However, that presumption is rebuttable. Especially, If the funds for the purchase, maintenance and care of the property are from "separate" pre-marital sources; there is a "waiver" by a surviving spouse or other writings supporting the "separate" nature of the property.

Good luck,

Phroska L. McAlister,ESQ

Read more
Answered on 9/24/04, 5:36 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York