Homeowner

[stefany379]

I reside in Massachusetts and am married. My husband came into ownership of his mother's house who left it in a trust for him and his brother and sister when she died a year ago. I have been married four years February. If I get a divorce, could I have any entitlement to this house? He is currently a landlord and it is a three decker being rented out. Thank you.

 

[mistoffolees]

I reside in Massachusetts and am married. My husband came into ownership of his mother's house who left it in a trust for him and his brother and sister when she died a year ago. I have been married four years February. If I get a divorce, could I have any entitlement to this house? He is currently a landlord and it is a three decker being rented out. Thank you.

Almost certainly not.

The only way you would be entitled to ANYTHING is if he mingled the home with marital assets - and it sounds like he didn't do that.

 

[Bali Hai]

I reside in Massachusetts and am married. My husband came into ownership of his mother's house who left it in a trust for him and his brother and sister when she died a year ago. I have been married four years February. If I get a divorce, could I have any entitlement to this house? He is currently a landlord and it is a three decker being rented out. Thank you.

If his mother wanted you to have any entitlement to the property, she would have named you in the trust.

 

[nextwife]

An non-comingled inheritance is usually NOT marital property and not subject to division in divorce. He used no marital funds to acquire it.

He's been their son all his life. You were only their DIL for maybe 46 MONTHS. Why do you think his mom owed you part of HER property?

 

[stefany379]

An non-comingled inheritance is usually NOT marital property and not subject to division in divorce. He used no marital funds to acquire it.

He's been their son all his life. You were only their DIL for maybe 46 MONTHS. Why do you think his mom owed you part of HER property?

I don't think she owed me anything, but it isn't hers anymore. He came into it during the marriage. I thought at least in a divorce or death I would have some say in the matter.

 

[LdiJ]

I don't think she owed me anything, but it isn't hers anymore. He came into it during the marriage. I thought at least in a divorce or death I would have some say in the matter.

If your husband passes away without a will, you would be entitled to a spouse's intestate share of his estate, which would include the house.

If you divorce, any inheritance or gifts from relatives are considered to be separate property, and not marital property. Therefore, unless he comingled the house with marital assets (ie spent 10k in marital assets to renovate the house) you would not be entitled to anything from the house.

You also would not be responsible for any debts related to the house either. So if he racked up 10k in credit card bills renovating the house, that would be his separate debt.

 

[nextwife]

My husband came into ownership of his mother's house who left it in a trust for him and his brother and sister when she died a year ago.

If your husband passes away without a will, you would be entitled to a spouse's intestate share of his estate, which would include the house.

If you divorce, any inheritance or gifts from relatives are considered to be separate property, and not marital property. Therefore, unless he comingled the house with marital assets (ie spent 10k in marital assets to renovate the house) you would not be entitled to anything from the house.

You also would not be responsible for any debts related to the house either. So if he racked up 10k in credit card bills renovating the house, that would be his separate debt.

You have no idea if this is correct. Her spouse does not own it. A trust, the nature and name of which we have no idea, is the owner. The property would likely not be part of HIS estate, but be dealt with in accordance with the terms of the trust.

The trust who owns it may very well have succession provisions.

 

[LdiJ]

[/I][/B]


You have no idea if this is correct. Her spouse does not own it. A trust, the nature and name of which we have no idea, is the owner. The property would likely not be part of HIS estate, but be dealt with in accordance with the terms of the trust.

The trust who owns it may very well have succession provisions.

Ok, If the house is still in the trust when he passes away, then yes, I would agree with you that the trust would control and may have succession provisions.

 

[mistoffolees]

Ok, If the house is still in the trust when he passes away, then yes, I would agree with you that the trust would control and may have succession provisions.

AND, there's no way for OP to get the house out of the trust, even if husband dies without a will. If he dies without a will, then she would collect the intestate share of his ownership of the trust (whatever that might be) and NOT a percentage of the home (unless the trust is set up that way, but this is unlikely as it wouldn't make any sense to use a trust for that).

 

[nextwife]

AND, there's no way for OP to get the house out of the trust, even if husband dies without a will. If he dies without a will, then she would collect the intestate share of his ownership of the trust (whatever that might be) and NOT a percentage of the home (unless the trust is set up that way, but this is unlikely as it wouldn't make any sense to use a trust for that).

And he may not "own" a portion of the trust at all. He may merely be a 1/3rd beneficiary. If MIL bothered to set up the trust, she likely had reason, such as insuring to whom the property eventually goes.

 

[LdiJ]

The vast majority of trusts these days are made for estate planning purposes and the majority of those trusts can be and are dissolved by the beneficiaries after the grantor passes away.

Some trusts do have provisions that disallow the dissolution of a trust prior to the beneficiaries reaching a certain age. Pretty much all trusts where the beneficiary is a minor are set up that way.

However, the percentage of trusts that are perpetual, or multgenerational, such as Misto and Nextie are describing, is low. You might find an historic home in that type of trust, or great wealth in that kind of trust, but the odds of that kind of trust being done for an ordinary family home, is pretty slim.

From the way that the OP described things in her first post it kind of seems as though her husband is the sole owner of the house now. If he is, then the trust was obviously dissolved.

 

[nextwife]

From the way that the OP described things in her first post it kind of seems as though her husband is the sole owner of the house now. If he is, then the trust was obviously dissolved.

My husband came into ownership of his mother's house who left it in a trust for him and his brother and sister when she died a year ago.

Where did you read that, because I read, in post one, that he and two siblings together own it in a trust. And I am not relying on the poster accurately understanding exactly how MIL left the property, as she clearly did not understand that an inheritance is generally NOT automatic marital property EVEN if the 48 or so months the parties were married happens to overlap the date of reciept of one's inheritance.

 

[LdiJ]

[/B]Where did you read that, because I read, in post one, that he and two siblings together own it in a trust. And I am not relying on the poster accurately understanding exactly how MIL left the property, as she clearly did not understand that an inheritance is generally NOT automatic marital property EVEN if the 48 or so months the parties were married happens to overlap the date of reciept of one's inheritance.

You make a valid point that the OP clearly doesn't understand a whole lot about how it all works, therefore she might not have any of the details right at all. Maybe the discussion should stop until she comes back and clarifies.

 

[nextwife]

Since this is an inquiry about DIVORCE and property settlement, the question of inheritance rights is probaly unnecessary anyway.

The bottom line is that a non-comingled, inherited property would not be subject to division in the event of a divorce. Even if not in a trust. If in a third parties trust, even less likely.