Inheritance Info

North Carolina Divorce Law Divorce and Separation Answers
1

Dear Fed UP:

Inherited property is the separate property of the person who inherited it. If both you and your husband inherited the property through the will (meaning it was devised to both of you and not just your husband), then it is marital property regardless of how titled. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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.

2

When my father in law died, he left the land and home to my husband and me. The deed is in his name alone.

We married in 1997 - his father died in 1999. Nothing passed to us until 1999.

I am the one who made sure that all the legal documentation was in place for us. I didn’t want my family to be screwed which we were on the way to be, due to his family and their dishonesty.

Now, my husband is telling me that since the land was inherited that I have no rights to it. We had discussed selling 10 acres last month, to get us at a better place financially. When asked about it this morning, he stated that I have no rights to the land any longer.

How is this?? I have always been told, especially from the attorneys that handled our deed and made sure that the requests of the will were followed - that because we are married - the land is ours equally.

Please help.

Everything is gonna be alright…