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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 28072
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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If my daughter owns the land her house sits on giving to her

Customer Question

if my daughter owns the land her house sits on giving to her by family does she have any right to keeping the house and property in a divorce
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 2 years ago.

Good evening. Just to be clear, the land was owned prior to the marriage by her? She never added him to the title? Both of them have a shared interest in the actual home?

Customer: replied 2 years ago.
that is right
Expert:  RealEstateAnswer replied 2 years ago.

Thank you. If the land was given to her and was hers prior to the marriage and she never gave him a legal interest in it, it would be considered a non-marital assets and he would have no right or interest in the land itself. As such, it would belong to her. Now, as far as the home, if it was obtained during the marriage, they would both share a legal right and interest in it and it would be a martial assets and need to be divided during the divorce. Seeing how she owns the land, it is likely a situation where should would want to buy him out, unless she can ask that she be awarded the home, since she owns the land and it would really do not good for him to get the home and she has the land and can ask him to remove the home.

Customer: replied 2 years ago.
She obtained the land from her grandma in her name only they were married when it was giving to her but the land was purposely put in just her name
Expert:  RealEstateAnswer replied 2 years ago.

Not an issue. If it was gift solely to her or inherited by her, it would not be a marital asset, even though they were married. It was given solely to her, so he would not take an interest in the land.

Expert:  RealEstateAnswer replied 2 years ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!