Inherited property and divorce.

[allfiredup]

What is the name of your state (only U.S. law)? Georgia

My grandmother died in 2012 and left her entire estate to my dad, her only child. The bulk of the estate was real estate- her home and a small rental home adjacent to her property. My dad and step-mom moved in and she made improvements that cost about $5,000 and took roughly 80 hours of her time doing the work.

She (step-mom) just told my dad that she wants a divorce. Is the house safe from her since it was an inheritance? Does her investment of time or money factor in?

Thank you for your help!

 

[LdiJ]

What is the name of your state (only U.S. law)? Georgia

My grandmother died in 2012 and left her entire estate to my dad, her only child. The bulk of the estate was real estate- her home and a small rental home adjacent to her property. My dad and step-mom moved in and she made improvements that cost about $5,000 and took roughly 80 hours of her time doing the work.

She (step-mom) just told my dad that she wants a divorce. Is the house safe from her since it was an inheritance? Does her investment of time or money factor in?

Thank you for your help!

She would be entitled to 1/2 of any appreciation in the house since 2012, but that is all. Your father can make adjustments in the property settlement to account for that.

 

[allfiredup]

She would be entitled to 1/2 of any appreciation in the house since 2012, but that is all. Your father can make adjustments in the property settlement to account for that.

Thank your for your answer. I was just looking up the assessments for property tax to see what the value was in 2012 and what it is for 2015 and I noticed something. The property tax bills are in his and my step-mom's name, which I can only assume means the deed is in both names. Does that change anything?

 

[LdiJ]

Thank your for your answer. I was just looking up the assessments for property tax to see what the value was in 2012 and what it is for 2015 and I noticed something. The property tax bills are in his and my step-mom's name, which I can only assume means the deed is in both names. Does that change anything?

Unfortunately yes, that changes everything. Its equally her property. Your dad is going to need an attorney.

 

[allfiredup]

Unfortunately yes, that changes everything. Its equally her property. Your dad is going to need an attorney.

I've already made an appointment to take him to a divorce attorney in our hometown next week. I can't believe that the put the house in both of their names. Just so you will understand my distrust of her, over the last 25 years, she has left him twice for a period of more than one year. One of those times she took everything they owned, left the house empty except his clothes and he lost the house including the $80k down payment he made on it which was every penny he had to his name. They have also been divorced one of the times she left and remarried a few years later and she filed for divorce again about five years ago but the 'reconciled'. The man really makes some very unwise decisions!

I'm sorry, I'm venting and I know it has nothing to do with my legal question.

Am I correct in my understanding that by putting her name on the deed as well as his, the law views that as him "gifting" her equal ownership in the home? Or something to that effect?

Thank you again. This is not going to be fun....

 

[LdiJ]

I've already made an appointment to take him to a divorce attorney in our hometown next week. I can't believe that the put the house in both of their names. Just so you will understand my distrust of her, over the last 25 years, she has left him twice for a period of more than one year. One of those times she took everything they owned, left the house empty except his clothes and he lost the house including the $80k down payment he made on it which was every penny he had to his name. They have also been divorced one of the times she left and remarried a few years later and she filed for divorce again about five years ago but the 'reconciled'. The man really makes some very unwise decisions!

I'm sorry, I'm venting and I know it has nothing to do with my legal question.

Am I correct in my understanding that by putting her name on the deed as well as his, the law views that as him "gifting" her equal ownership in the home? Or something to that effect?

Thank you again. This is not going to be fun....

Unfortunately yes, it does mean that he gifted her half of the property. However, do not assume that the situation is unfixable until you have spoken to the local divorce attorney. It may or may not be.

 

[stealth2]

I've already made an appointment to take him to a divorce attorney in our hometown next week. I can't believe that the put the house in both of their names. Just so you will understand my distrust of her, over the last 25 years, she has left him twice for a period of more than one year. One of those times she took everything they owned, left the house empty except his clothes and he lost the house including the $80k down payment he made on it which was every penny he had to his name. They have also been divorced one of the times she left and remarried a few years later and she filed for divorce again about five years ago but the 'reconciled'. The man really makes some very unwise decisions!

I'm sorry, I'm venting and I know it has nothing to do with my legal question.

Am I correct in my understanding that by putting her name on the deed as well as his, the law views that as him "gifting" her equal ownership in the home? Or something to that effect?

Thank you again. This is not going to be fun....

Is your father intellectually handicapped?

 

[justalayman]

Unfortunately yes, that changes everything. Its equally her property. Your dad is going to need an attorney.

not necessarily true. The tax office will often list parties other than the true owner on the tax bill. The home my sister lives in is not hers but the taxes are in her name right now.

what needs to be determined is whether dad put his wife in title or not. If not, then your first response would be accurate. If he has added his wife, then she is entitled to whatever share he gave her when adding her to title.

 

[LdiJ]

not necessarily true. The tax office will often list parties other than the true owner on the tax bill. The home my sister lives in is not hers but the taxes are in her name right now.

what needs to be determined is whether dad put his wife in title or not. If not, then your first response would be accurate. If he has added his wife, then she is entitled to whatever share he gave her when adding her to title.

Ok, then that is something that the attorney will tell them during the consult...which kind of thing is the reason why I said that nothing should be assumed either direction until speaking to a local attorney.