Q: Husbands Mother gave Iand our home is on to him and we never changed deed to both names. Will it be considered a gift?
We have lived on property in Manufactured home since 2007. We both own home. Home was on his mother’s property. Due to estate planning when property (land) was passed on to husband in 2019 it was in his name only. We never got around to changing deed to both our names. We have always considered land and home to both be ours. Will this be a problem when I file for divorce?
A: An inheritance is considered a gift. Gifts received by one spouse during the marriage are not subject to a presumption that the gift was acquired by the parties equally as long as the gift was held separately and not commingled into the joint financial affairs of the spouses. Although the presumption of equal contribution may not apply to the gift, the court still has authority to divide all property, including gifts, that are owned by either or both spouses in a just and proper manner. This is a complex area of the law, and I recommend you consult with an attorney to determine your rights.
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