Even though the children grew up in this house, when the Mamaw took care of them when they were children. who's house is it if I am married to the father, Is it his only? or ours? or the children's? If it is ours, how do I get it accross to them? or should we sell it and move, and will the new house be ours?
2007-08-17 18:21:19 · 6 answers · asked by flannelpajamas1 4 in Politics & Government ➔ Law & Ethics
We are happily married, my question was a sick feeling I have. They have made it more than clear, it is the Daddy's only do you see where I am going?
2007-08-17 18:55:44 · update #1
You are not very clear.
If she left the house to her son, it's his.
If you are married to that son, in a
community property state, you have an interest.
If you are not married to that son,
legally, you have no claim.
Ethically, the Mothers choice was made for a reason,
it was her 'Last Will`. - If the family wants to contravene
her wishes, they may, but that's their choice,
and it can't be forced on the recipient.
2007-08-17 18:49:07 · answer #1 · answered by Irv S 7 · 1⤊ 2⤋
Rather you live in a community property or a ‘joint’ property state, the answer is still the same---inherited property is considered separate property (which means it’s just *his*) as long as it remains separate (ie he doesn’t add your name to the title).
However, if the property increases in value during the marriage, that increase *might* be considered martial property. For example if the increase was due to an improvement that was made using martial funds.
You need to check the laws of your specific state.
2007-08-17 19:44:45 · answer #2 · answered by kp 7 · 1⤊ 0⤋
It's his, and you have absolutely no claim to it if he doesn't want you to have any of it, even in a community property state. If he sells the house, and you buy a new one, any money he puts down on the house is his only, and if you were to get a divorce, he would get that down payment as a percentage on his side of the settlement.
2007-08-17 18:28:56 · answer #3 · answered by Anonymous · 1⤊ 2⤋
The house will be transfered soley into your husbands name.
It is unlikely that as an inherited item you can make claim.
It is possible that if your marraige is stable your husband will transfer half to you.
Frankly I woull dput it in the childrens names then there can be no issues.
I am interested in your motive behing the question!
2007-08-17 18:30:51 · answer #4 · answered by Anonymous · 1⤊ 1⤋
This would depend on the marital laws, how the will was worded and many other factors.
Why worry about it. You all have an investment in it.
Good Luck.
2007-08-17 18:31:13 · answer #5 · answered by Comp-Elect 7 · 0⤊ 0⤋
Totally depends on the State, in a Joint Property state it would belongs equally to each spouse.
2007-08-17 18:55:54 · answer #6 · answered by Reston 3 · 0⤊ 2⤋