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Property left to me in a will

Massachusetts |

My grandparents left me a house when the passed away. They put the deed in my name only. my husband and i are getting a divorce. Is he entiled to any part of the house

Attorney Answers 3


To some extent, this may well be marital proerty, subject to division.

If you have questions, contact me.

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It depends on how long ago the grandparents left you that house. It depends on the length of the marriage. It depends upon whether you both lived in the house and shared in paying the expenses and mortgage. It depends on a host of other things.

Massachusetts is what's called an equitable division state. This means that they look at everything that both parties own and they make a "fair" division. It is not necessarily 50/50.

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Attorney Cheong is correct. You should consult an attorney in your divorce. If you inherited it during the marriage, it is more likely that some portion may be included in the assets to be divided than if you inherited after you both separated. To assist your attorney, you should compile a list focusing on the following:

1) when you received the property in relation to the marriage;

2) the use of the property by yourself and/or your Husband during the marriage;

3) the financial contributions, if any (payment of expenses, renovations, etc.) made to the house during the marriage. For example, was joint money or your Husband's money contributed to upkeep, etc.; and

4) non-financial contributions (did your Husband help fix it up, maintain the house, etc.).

The more your Husband contributed to the house, the stronger his claim will be if it was an asset of yours during the marriage. The Court has a massive amount of discretion, though, and anything is possible.

Best of luck.

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