Legal Question in Family Law in South Dakota

inherited land/divorce

my husband inherited land a few years ago. The land is in his name only. If we were to divorce would I be able to claim half of the land? Also, he has had a 401 K for 10 years, do I have a right to half of that?We have been married 18 years. I had to do without alot of things to put that money away and feel I deserve half.


Asked on 2/15/08, 1:47 pm

1 Answer from Attorneys
Jes Beard Jes Beard, Attorney at Law

Re: inherited land/divorce

You are not entitled to an interest in the property he inherited (unless the two of you together have made some improvement on it, ot jointly paid on a mortgage on it). It is his seperate property. You ARE entitled to an "equitable share" (which is generally one half) of of the 401K which was created and built up while you two were married.

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Answered on 2/16/08, 4:40 pm


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