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Am I legally entitled to half of his share of his mother’s home?

Anonymous Asked:

My husband and I are separating and we have agreed to split everything equally however his name is on his mother’s house as an owner. This was done several years ago when his dad passed away so that when she passes he and his sister would not have to pay inheritance tax. Am I legally entitled to half of his share of the home since he is legally on the deed?

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Andrew J. Kania, LL.B., LL.M.
11 years ago

Answer: I need more facts from you, including the length of your marriage and whether his name was put on the home as a result of a will (inheritance). I also need to know whether you have lived in the home. The answer to your question is likely yes, that you are able to make him bring the value of his portion of the home into the calculations of his net family property; however I would need to speak with you to obtain more facts, as noted above, before I could say for sure. If you wish a free consultation please call me at: (877) 668-9386.

(The information provided above is general, not legal advice, as circumstances vary from case to case. Thus, if you wish legal advice that you can rely upon for your specific case, please contact Douglas Briand for a free consultation).

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