Legal Question in Family Law in South Carolina

Re: what are my rights and entitlements

It is not possible to give you a clear legal answer to your inquiry without a more detailed evaluation of the facts of your case. Several questions are presented:

1. Does the deed name you specifically as a Joint tenant, or as a joint survivor?

2. Did you provide any of the downpayment or purchase money?

3. Did you sign a note or mortgage on the property, making you responsible for payment on the debt?

Generally speaking, in Kentucky gifts made in contemplation of marriage must be returned to the giver, upon demand, if the marriage is called off by the recipient of the gift. If the decision to cancel the marriage is mutual, or unilateral on the part of the gift giver, the legal situation is a little more complicated.

You should not take any action, based upon my advice, without consulting an attorney and explaining all the facts to him. Because of the amount of money potentially involved, you are best advised to seek the services of a competent Kentucky attorney. You can telephone your local bar association for a referral, or can find a good lawyer on-line at the Kentucky Bar Association's Lawyer Referral Service:

http://www.kybar.org/Default.aspx?tabid=291

Good luck!

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