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That’s Mine!

Question: Dear Cape Fear Family Law: My mother passed away 5 years ago and left me some family land. About 3 years ago my husband and I cashed in some investments and built a house. I found my husband cheating with my friend. Since I inherited the land, are both...
October 4, 2014

 

Question:

Dear Cape Fear Family Law:

My mother passed away 5 years ago and left me some family land.  About 3 years ago my husband and I cashed in some investments and built a house.  I found my husband cheating with my friend.  Since I inherited the land, are both the house and land mine?  I don’t have to share it with him, right?

-That’s mine!

 

Answer:

Dear That’s mine!:

Separate property is generally inherited, gifted to you, or items owned prior to marriage.  The land was inherited and would be separate, however I suspect that you may have changed the title during the time you were building the house!  This happens often during a refinance.  If you did change the title to include your husband’s name, you may have “gifted” the property to the marriage so that it is marital and not separate.  See an attorney before you do anything else and have them look!  Best of luck.

 

 

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 only, a full discussion with an attorney should be undertaken before taking any action. The information above is available for public viewing and is not intended to create an attorney client relationship with any individual. This answer is provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

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Janet Gemmell
Practicing law for over 20 years may have caused Janet some gray hairs, but she remains young at heart, probably because she loves what she does. Janet's focus is to work with clients building new lives after relationship turmoil and although it is hard work, she finds it utterly rewarding. Such work and experiences gives Janet a ton of insight and along with her legal knowledge (afterall she is a Board Certified Family Law Specialist) she is able to get to the heart of any legal matter quickly in order to start helping clients find resolutions and to get their lives back on track.

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