JustAnswer > Legal
Ask A Question|Register|Login|Help
JustAnswer

Law

Ask a Legal Question, Get an Answer ASAP!

Have your own Legal question?

27 Lawyers are Online Now
characters left:
Not a Legal Question?
Bookmark and Share

Question

I would like to know if property given to wife when father died while we were married and he put in will that his wife could live till she died or shacked up or remarried if the later happened we were told we could kick her out . Would this mean the property belongs to my wife not her mother. I would like to know if i am entitled to half in a divorce .

Submitted: 735 days and 21 hours ago.
Category: Legal
Value: $30
Status: AWAITING CUSTOMER ACTION

Answer

It is a common arrangement for a deceased to leave a "life estate" to a spouse and then have the home pass along to a child or children. In such a situation, the property is considered jointly owned by the spouse and child. The spouse has a property interest in the property for the remainder of her life. The child has what is called a remainder interest in the property.

So while your wife has some property interest in the property, it is usually not worth much until the holder of the life estate dies and the property becomes controlled completely by the one party.

In any event, property inherited by one party in a marriage is usually not considered joint property. Personal property of one party in a divorce is not subject to division. Therefore, you would normally not be entitled to any share of your wife's inheritance.

Sorry if this is not the answer you wanted, but I hope it answers your question.


___________________

Please keep in mind that information in this forum is for informational purposes only. It is not legal advice and does not constitute creation of an attorney client relationship. Before acting on any such information, you are always advised to consult with an attorney licensed to practice in your jurisdiction who can take the time to review all the facts and laws relevant to your situation.

Picture
Expert: Guru_Guy
Pos. Feedback: 100.0 %
Accepts: 
Answered: 11/18/2007

Lawyer (JD)

My specialties include Civil Rights and Constitutional law, as well as general practice issues.

Related Legal Questions

  • I live in Nevada, and have lived with a man for approx. ten
  • Thank you.At the moment I do not have a credit or debit card
  • I have a 501(C)(3) organization and I want to email about 30...
  • an employer closed down our shop and i lost my job without
  • if a friend gives my fiance a debit card with the pin writte...
  • we paid our last car note last month.Have sent proff of cont...
  • If someone contracts for the purchase of a home last year wh...
  • OK, but we followed the advice of our advocate which is paid



Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.
Question List | Become an Expert | Terms of Service | Security & Privacy | About Us
© 2003-2009 JustAnswer Corp.