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Family Property

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farmers choice

Junior Member
My parents own approximatly $1 million worth of properties. We live in WV and I have two siblings, both of them are married and so am I. After my parents pass away, these properties will go to my siblings and I. If I were to divorce my wife after this happens, will she get half of what I obtain from my parents?
 


Zigner

Senior Member, Non-Attorney
My parents own approximatly $1 million worth of properties. We live in WV and I have two siblings, both of them are married and so am I. After my parents pass away, these properties will go to my siblings and I. If I were to divorce my wife after this happens, will she get half of what I obtain from my parents?
Probably not, but it depends. If you are considering divorcing your wife, you may wish to consult with an attorney.
 

LdiJ

Senior Member
My parents own approximatly $1 million worth of properties. We live in WV and I have two siblings, both of them are married and so am I. After my parents pass away, these properties will go to my siblings and I. If I were to divorce my wife after this happens, will she get half of what I obtain from my parents?
As long as you do not comingle your inherited assets with your marital assets, they will remain your separate property. However, if you inherit property rather than cash, and you have to use marital assets to maintain the property or pay taxes on the property, then a portion of its value can become marital property. (not half) If the property is sold and cash is distributed to you, as long as you keep that cash in a separate account, in your name only, it remains your separate property.
 

Bali Hai

Senior Member
My parents own approximatly $1 million worth of properties. We live in WV and I have two siblings, both of them are married and so am I. After my parents pass away, these properties will go to my siblings and I. If I were to divorce my wife after this happens, will she get half of what I obtain from my parents?
I need to ask this question: Why didn't you ask this question BEFORE you married her? What if needs to be asked and answered before jumping out of the frying pan.
 

LdiJ

Senior Member
I need to ask this question: Why didn't you ask this question BEFORE you married her? What if needs to be asked and answered before jumping out of the frying pan.
Huh? Bali, the properties may not have even existed when he got married.
 

farmers choice

Junior Member
Huh? Bali, the properties may not have even existed when he got married.
I never thought of divorce when I married her. That was several years ago. I never knew anything about divorce, but I'm starting to learn that our state is pretty much 50/50 split. I don't mind giving her half of what me and her have accumulated but she doesn't deserve anything from my parents. They have bent over backwards always trying to help us and my wife isn't the greatest person to say the least. My siblings have offered to put everything in their names but I don't want to do that if I can keep from it.
 

Just Blue

Senior Member
I need to ask this question: Why didn't you ask this question BEFORE you married her? What if needs to be asked and answered before jumping out of the frying pan.
Bali...Cover up your bitterass as many don't want to see that "skin". ;);):)
 

Zigner

Senior Member, Non-Attorney
Huh? Bali, the properties may not have even existed when he got married.
The response to Bali's question is exactly the point Bali was trying to make. One needs to consider these things BEFORE getting married. On that, I totally agree with Bali.
 

stealth2

Under the Radar Member
The question remains whether those assets were co-mingled. And putting then into your siblings' names *could* be seen as hiding assets. You should speak with a local attorney.
 

LdiJ

Senior Member
I never thought of divorce when I married her. That was several years ago. I never knew anything about divorce, but I'm starting to learn that our state is pretty much 50/50 split. I don't mind giving her half of what me and her have accumulated but she doesn't deserve anything from my parents. They have bent over backwards always trying to help us and my wife isn't the greatest person to say the least. My siblings have offered to put everything in their names but I don't want to do that if I can keep from it.
Like I said, as long as you do not comingle the assets with marital assets, and as long as you don't use marital assets to maintain the assets, then you will be fine. You don't need to have your share in your sibling's names. In fact, that often ends up being a bigger risk than the possibility of having to share some of the assets with a spouse in a divorce.

Think about it? Lets say your share is in your brother's name and he is unexpectedly killed in a car accident and his widow and/or his children refuse to recognize that any of it was yours. That leaves you with nothing.

One other thing...also make sure that you use inherited assets to pay any taxes on your joint return that are a result of income from the inheritance.
 

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