Inherited property-is it marital property


Dear grayml:

Greetings. Talk to both your attorney and a malpractice attorney to find a solution. The court can still call the property separate. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
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


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.


The situation was that only my name, not my wife’s, was on my dad’s will for some property I inherited when he died in 1997 while I was still married.

The attorney who made up the deed put my wife’s name on it, he insisted that she had a marital interest in the property. My present attorney says that the attorney who made up the deed made a serious mistake. There were never any liens on the property and I sold it in October 2002 while we were legally separated and it was owned free and clear.

If her name should not have been on the deed this mistake cost me $90,000.


Thank you very much.

Mark Gray