Posted on: 13th Jul, 2010 10:58 am
My friend Ray had an uncle pass away about 10 years ago. This uncle willed to my friend his home in Virginia. Ray lives in Ohio and was married when this happened and is now planning to divorce. He wants to put the property in another persons name but was told that his wife had dowery rights to the inheritance and the only way to transfer the property would be for her to sign off. Was he informed correctly? My understanding of an inheritance was that no one else had rights to it.
Hi Beth,
As far as I can understand, your friend was rightly informed about the dower rights of his wife. The wife needs to sign away her rights in favor of the husband and then your friend can transfer the property to someone else. In my opinion, your friend should speak to an attorney in this regard and take his opinion.
Thanks
As far as I can understand, your friend was rightly informed about the dower rights of his wife. The wife needs to sign away her rights in favor of the husband and then your friend can transfer the property to someone else. In my opinion, your friend should speak to an attorney in this regard and take his opinion.
Thanks
Laws vary widely about how property acquired during a marriage is handled upon a divorce. A lot of that will depend on the laws of the state in which the divorce is being handled and on the behavior, in some cases, of both spouses.
For example in Texas, a cheating spouse may not be eligible for any of the community property.
Because of things like this, it is very important that your friend consult an attorney and get legal advice. Remember that only an attorney can give legal advice.
For example in Texas, a cheating spouse may not be eligible for any of the community property.
Because of things like this, it is very important that your friend consult an attorney and get legal advice. Remember that only an attorney can give legal advice.
Generally, an inheritence is separate property, with no ownership by the wife. But, as stated, it depends on the state law.
