Q: My mom gave me a house a few years ago as part of my inheritance. It is in my name only. If I divorce dors hubby get 1/2
He owns a house in Virginia that he bought the week before we married. Will I assume half of that mortgage?
A: Generally, an inheritance is not a part of the marital estate thus not subject to equitable distribution. With this in mind, your question is not clear as to whether or not your mom was deceased when she "gave (you) a house." If she was alive at the time she gave the house to you, with nothing more, it is not an inheritance, thus subject to equitable distribution. If you received the house as part of a distribution of her estate, then it is an inheritance. Regarding the mortgage, as he bought the house prior to the marriage, it is a premarital debt; therefore the Virginia house is not an asset you would be entitled to nor are you responsible for the mortgage. I hope this helps.
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