Legal Question in Family Law in Tennessee
Inheritence
Can my soon to be ex-spouse take my inherited land in the divorce? Or will I have to buy him out? What is the law regarding this?
Asked on 8/27/06, 11:28 pm
1 Answer from Attorneys
Marc Reisman
Rosenblum & Reisman, P.C.
Re: Inheritence
Under TN law, an inheritance is your separate property not subject to division upon divorce. However, if you put the land in his name, you may be deemed to have made a gift to him. Further, if the two of you substantially contributed to the increase in the value of the property during the marriage, then a court may find that the appreciation of the property since the time of the inheritance has become marital. Talk to an experienced family lawyer in your area to get a better understanding of the law of marital property and equitable division. Good luck.
Answered on 8/28/06, 9:10 am