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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 28499
Experience:  Attorney with experience in family law.
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If my father gave me part of my inheritance to buy a house

Customer Question

If my father gave me part of my inheritance to buy a house can my wife get half if we divorce
Submitted: 3 months ago.
Category: Family Law
Expert:  Lucy, Esq. replied 3 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

The rules for this vary by state. Where do you live?

Customer: replied 3 months ago.
Richland
Expert:  Lucy, Esq. replied 3 months ago.

What state is that in?

Customer: replied 3 months ago.
Virginia
Expert:  Lucy, Esq. replied 3 months ago.

Ok, thank you.

Code of Virginia, Section 20-107.3 defines separate property to include all property received by inheritance. As long as you do not commingle the inherited funds with marital property, it will belong to you in the event of divorce. Commingling could mean adding your wife's name to the deed - that would be considered giving her a gift. So you wouldn't want to do that unless she's willing to sign a post-nuptial agreement agreeing to relinquish her claim if you divorce.

Expert:  Lucy, Esq. replied 3 months ago.

If you make improvements to the property while married, she could have a claim to part of the increased value, but not the total property. Same with if you're using the inherited funds for a down payment but planning to make mortgage payments.

Expert:  Lucy, Esq. replied 3 months ago.

Did you have any other questions about this?

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