10 years no papers now a inheritance


#1

Left about 12 years ago,moved back in tried to reconcile. Left again 10 years ago.No papers what so ever have been filed. We have no real estate property in our name. A child at 22 now. I left with 37k in credit card debt some in my name only some in both. I paid all that off under a consumer credit counsiling service. 3 years ago had a free consultaion about divorce was told should be simple just filings. Never followed thru cause a death of a child and felt wasnt the time to add more distress. Now Mom passed away left me about 1 1/2 acre land and also left a home to me and 2 other siblings.Still feel like it is not the time but do have a question that some family members bringing up. They say that since no papers have been filed she is entilled to my share of the house that under the courts eyes we are still married. Is this true.


#2

not an attorney

Inheritance is not marital property Unless you incorporate it into the marriage (example, using inheritance money to buy a marital home). Since you have been separated and have now received an inheritance, that would be your sole and separate property. Even if you were not separated, if you never incorporated it into the marriage by putting her name on anything or using anything for marital purposes or moving into the property as a marital home, then she has no claim on it in a divorce proceeding.

Again, not an attorney, just what I’ve come to understand along the way…


#3

If the bequest was solely to you then, absent any other information, it is your separate property. This is especially true since you are separated.