Scottsville, KY asked in Divorce, Family Law and Real Estate Law for Kentucky

Q: The wife and I have been separated for a year and she has been moved out of the home for almost that amount of time.

We've been separated a year she's been gone almost that length of time, how is it she can come back to this house whenever she feels like it? And secondly, we pretty much decided to sell the place at some point, and divide the money but, if I choose to refinance the place and buy her half out she thinks that she's entitled to the money her dad put down on this place because he sold his house that was going to be left to her by him when he passed.

And I don't see how that can be because he sold it, even if her name was on it... it was sold.??????????

He sold his house to move in with us because he was getting in bad shape. To the best of my knowledge he never had a new Will made up involving this new place we lived in.

1 Lawyer Answer
Timothy Denison
Timothy Denison
  • Louisville, KY
  • Licensed in Kentucky

A: She still has an ownership interest in the house regardless of how long she’s been gone so she can still come and go as she pleases. The money her dad put down is a non marital interest that will be restored to her by the court. The best thing to do is get the divorce filed and moving so you can resolve this issue and any other issues permanently.

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