Legal Question in Family Law in Georgia

Can inherited property pass to a spouse in divorce?

My brother-in-law has recently separated from his wife. They have no children and both work. The house they are living in was left to my husband and his two brothers. Shortly before my brother married, my husband and the other brother signed the house over to him so he would not have difficulty with the mortgage company. Now, his wife wants him to sign over the house to her. The can be blamed equally on both of them. Is she entitled to this house?


Asked on 8/04/00, 1:52 am

1 Answer from Attorneys
Glenn Loewenthal Glenn Loewenthal, P.C.

Re: Can inherited property pass to a spouse in divorce?

In Georgia inherited property is not marital property and is retained by the person who receives it. However any increase in the value of the property during the marriage is marital property subject to equitable division.

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Answered on 9/12/00, 11:07 pm


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