Inheritance Clarification

Reid Brown is the attorney I used for my divorce and custody, however a good real estate attorney is Jeff Norris. They are both in Waynesville


If the property is being inherited by you because your father died without a will and is coming to you via the inheritance laws of the state he died in, then it is an inheritance to you alone. Putting the property in both names would be a tremendous mistake. Once you put the property in both names, you are making a gift to the marriage of this property. You would then have to share the value of this property with your Husband. He would still be required to share his retirement, but you would also be giving him half of this land.

Your Husband may be entitled to credit in the marital estate for the back taxes you are paying. Meaning if you pay $10,000 in back taxes towards your separate estate, then he would be entitled to receive credit of that money when you divide assets.

I would strongly urge you to consult with an attorney before doing anything else with the land.

You can date after you separate, however if you are entitled to alimony from your spouse I would recommend you not date until you have resolved your support issues. If you are involved with someone, your spouse might try to use that to suggest you were not faithful in the marriage and that will impact alimony. Adultery is a crime in this state and if you have a sexual relationship with someone before you are legally divorced you are committing the crime of adultery and could be prosecuted.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

Thank you for answering my first post, I am still just a bit confused.

There was never a will left by my father, I am simply paying the back taxes on the property. At which time the title will be listed in both mine and my husbands name.

I know he is going to use the property to bargin with, even though it would technically be an inheritance.

So if there is no will and I am simply paying the back taxes, would he still not be entitled to it?

As it was not a “marital” purchase.

Sorry I am just trying to decide at what time I request a seperation.

Also, one more question: After the seperation, may I begin dating again? There is really no love between my husband and I, we are simply going through the motions of a marriage.

Thank you for your assistance.

Can you recommend an EXCELLENT attorney in Waynesville, NC