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.

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