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If I inherited a house from my deceased mother , and only MY name is on the deed, if I divorce is my husband. in titled to it?

Spanaway, WA |

I live in the state of Washington, and am going through a divorce. The house was left to only me, we were married, but just my name is on the deed

Attorney Answers 3

  1. Inheritances are exempt from the community property presumption--that would be your separate property. But keep in mind that the divorce court considers all property, community and separate, when making a determination about what outcome will be just and equitable. Talking with an attorney about the details of your case will give you a better idea of what sort of division you might be able to expect.

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  2. THe house should be yours. Inheritance is separate property. If remodeling was done, improvements made or money pulled out in a refinance, you may have given you spouse some rights. You need to discuss that with a family law attorney.

    The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein. While I am licensed to practice in New York and California, I do not actively practice in New York. Regardless, nothing said should be deemed an opinion of law of any state. All readers need to do their own research or pay an attorney for a legal opinion if one is necessary or desired.

  3. Attorney Forrest is spot-on with her analysis. Inherited property is separate property, but in a divorce the court looks at all property to determine a just and equitable division.

    This posting is for informational purposes only. It is not legal advice, nor does it establish an attorney-client relationship. For more information, please visit

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