If my daughter gets a divorce, can her soon to be ex claim half of her share of the property? 20 Answers as of January 29, 2014

I recently deeded my property to my three children with me having lifetime rights. Now, my daughter is getting a divorce and I need to know if her ex can claim half of her share of property?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Irsfeld, Irsfeld & Younger LLP | Norman H. Green
Presumably that is separate property and won't be divided.
Answer Applies to: California
Replied: 1/29/2014
Bruce Steiner Attorney at Law | Bruce Steiner
That depends on what state she's in. To protect against that, you could (in your Will) provide for your children in separate trusts for their benefit rather than outright.
Answer Applies to: New York
Replied: 12/4/2013
Stephens Gourley & Bywater | David A. Stephens
If it was a gift only to her, and she has not put any money into it, he probably cannot successfully claim an interest in the property.
Answer Applies to: Nevada
Replied: 12/4/2013
Law Ofices of Edwin K. Niles | Edwin K. Niles
A gift is her separate property, he should have no claim.
Answer Applies to: California
Replied: 12/4/2013
Neil J. Lehto, Esq.
Neil J. Lehto, Esq. | Neil J. Lehto
The divorce court judge gets jurisdiction over the entire marital estate, which includes her share of the property. Future interests of this sort typically have little market value and judges tend to devalue them more depending on the length of the marriage of the other spouses contribution to paying its annual maintenance and property taxes, etc.
Answer Applies to: Michigan
Replied: 12/4/2013
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    Probably not. However, the court may take this joint ownership into account when determining how the couple should split their marital assets.
    Answer Applies to: Nebraska
    Replied: 12/4/2013
    Law Office of David T Egli | David T. Egli
    Unless your daughter transferred an interest in the property to her spouse, he should not be able to claim half or any part of her share in the property. Even though received during marriage, gifts are separate property and not community property. Under certain circumstances a spouse may be entitled to reimbursement for the spouse's separate property or share of community property used to purchase or improve the separate property of the other spouse. Since you retained a life estate in the property, I am assuming that the husband hasn't made any such contributions.
    Answer Applies to: California
    Replied: 12/4/2013
    Law Offices of Frances Headley | Frances Headley
    No,inheritance property is the person's separate property and not divisible at the time of dissolution.
    Answer Applies to: California
    Replied: 12/4/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    He can try, but as long as she did not deed her interest to the two of them, it is doubtful that he will prevail.
    Answer Applies to: Idaho
    Replied: 12/2/2013
    Frederick & Frederick PLC | James P Frederick
    It depends on how your deed was done. If it was properly set up, then there should be no problems. Your soon to be ex-son-in-law is not entitled to all assets she may ever have at any time in the future. He can only claim an interest in her assets, now. Since she does not have a present interest, arguably, his share would be zero.
    Answer Applies to: Michigan
    Replied: 12/2/2013
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    He may not ultimately be successful in getting a share of the property but he can include it in the divorce and tie up the property while a court is making a decision. This is one of the potential pitfalls of the life tenancy method of estate planning.
    Answer Applies to: Minnesota
    Replied: 12/2/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    He can make a claim, but it is doubtful it will be sustained.
    Answer Applies to: Michigan
    Replied: 12/2/2013
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Suggest you seek the services of a family law lawyer who should have the answer to your question.
    Answer Applies to: California
    Replied: 12/2/2013
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    It will be property subject to being included in the divorce. I don't know why people keep making lifetime gifts of real property.
    Answer Applies to: Oregon
    Replied: 12/2/2013
    Neal M. Rimer, Esquire
    Neal M. Rimer, Esquire | Neal M. Rimer
    Community Property (that which is shared between a husband and a wife) is defined as earnings and accumulations during marriage other than by gift, devise, bequest, or inheritance. Your daughter received a gift. It is not part of the community property unless your daughter made a gift to her husband of her interest that she received from you. If community property was used for improvements, repairs, mortgage payments and the like to the separate property of the husband or wife, then the community is entitled to a percentage interest or reimbursement in that separate property.
    Answer Applies to: California
    Replied: 12/2/2013
    Law Office of Pamela Braynon | Pamela Y. Braynon
    Florida is not a community property state, therefore her husband cannot claim the property deeded to her.
    Answer Applies to: Florida
    Replied: 12/2/2013
    Douglas P. Barnes, A Professional Law Corp.
    Douglas P. Barnes, A Professional Law Corp. | Judith N. Douglass
    In California, assets acquired by gift or inheritance remain the sole and separate property of the recipient of that property, unless they have transferred their interest to their spouse.
    Answer Applies to: California
    Replied: 12/2/2013
    James Law Group
    James Law Group | Christine James
    No unless community property of their marriage has been used toward the property, then he may have an interest. Otherwise it is separate property and he would have no claim to it.
    Answer Applies to: California
    Replied: 12/2/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    No, but the value of the asset may impact her entitlement to alimony. She should address this with her divorce attorney.
    Answer Applies to: Nevada
    Replied: 12/2/2013
    Gates' Law, PLLC | Thomas E. Gates
    Your property to er would be considered personal property and no likely to be available for any divorce proceedings.
    Answer Applies to: Washington
    Replied: 12/2/2013
Click to View More Answers:
12 3 4 Free Legal QuestionsConnect with a local attorney