Is my spouse entitled to my inherited farm in NJ after 43 years of marriage?

Question

I inherited a farm from my grandmother about 50 years ago, and the farm is solely in my name. I have been married to my spouse for 43 years, and we live on the property together. Occasionally, we rent out one of the two houses on the property. There have been no loans or prenuptial agreements involved. Would my spouse have any entitlement to the farm or its assets in the event of a divorce or other legal separation?

Richard Diamond · Answer

While statutorily an inheritance is not subject to division in a divorce, there are a million exceptions to that can apply and this is where you need to sit down with an experienced family law attorney to examine the history of this property, any improvements, pay down of any mortgage obligations, payment of expenses for the property and the source of those payments to have a better understanding of whether all or a portion of the asset is immune from distribution.  
The only thing that we know for certain is that it was a premarital asset, and title remained in your name alone during the marriage. The next question is whether your husband claims an interest and the basis of his claim (( and whether his claim has merit).  
Spend the money and have the consultation.

H. Scott Aalsberg · Answer

A lot depends on how long you have had it and whether you used marital assets to sustain the property or used estate assets.  A judge will also look at the fact that the spouse did live on the property.  I suggest you setup an in person consultation with a lawyer to determine what is most likely to happen to your property.  As stated a lot depends on specific facts of your case, the county that you are in and the judge that your likely to get all of which require an in office consultation or at least a phone consultation which is much more than a free consultation would encompass.

Q: Is my spouse entitled to my inherited farm in NJ after 43 years of marriage?