Inheritance


#1

The last sentence in this pertains to what you are asking…


#2

would like to make sure if he tries to get me to help pay off the loan if it would be legal for me to refuse since he used his inheraitance to make the loan stand good.

quote:
[i]Originally posted by CUNNINGHAM[/i] [br]MY HUSBAND INHERITED 80 ACRES OF LAND AND HOME. THIS TOOK PLACE BEFORE WE MARRIED. WE THEN PURCHASED A PIECE OF PROPERTY TOGETHER. HE PUT THE ACREAGE AND HOME AS COLLATERAL ON A HOME EQUITY LINE WHICH WAS SIGNED BY THE BOTH OF US. IN DIVORCE PAPERS WOULD THE FACT THAT MY SIGNATURE IS ON THE LOAN NOTE MAKE ME ENTITLED TO HALF OF THE INHERITED PORTION ALSO?? (EVEN THOUGHT THE 80 ACRES WAS INHERITED?)

JEAN CUNNINGHAM


JEAN CUNNINGHAM


#3

The eighty acres is his separate property, even if this property was used as collateral on a joint debt. The equity line that exists in both of your names is a marital debt and you would be responsible for half of that debt.

If your Husband has a substantial estate, the court could take that into consideration and increase what you are awarded from the marital estate.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

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

ROSEN.COM

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.


#4

MY HUSBAND INHERITED 80 ACRES OF LAND AND HOME. THIS TOOK PLACE BEFORE WE MARRIED. WE THEN PURCHASED A PIECE OF PROPERTY TOGETHER. HE PUT THE ACREAGE AND HOME AS COLLATERAL ON A HOME EQUITY LINE WHICH WAS SIGNED BY THE BOTH OF US. IN DIVORCE PAPERS WOULD THE FACT THAT MY SIGNATURE IS ON THE LOAN NOTE MAKE ME ENTITLED TO HALF OF THE INHERITED PORTION ALSO?? (EVEN THOUGHT THE 80 ACRES WAS INHERITED?)

JEAN CUNNINGHAM