Primarily servicing the greater New York City metropolitan area



LEONARD M.WEINER, ESQ, Ph.D.
DIVORCE SOLUTIONS
206 East 38th Street
New York, N.Y. 10016
(212) 370-1660

FINANCIAL ISSUES - MARITAL PROPERTY V. SEPARATE PROPERTY

Question #43:
I am from ND. I inherited a farm from my dad. Will this be divided as property held together or will my inheritance be kept separated from our mutual holdings?
Answer:
I am not an authority on North Dakota law, but in most states, property which was received through gift, devise, or inheritance and held in an individual's name, remains individual, separate property and is not included in "marital assets". If on the other hand, you hold the property jointly or as tenants in common, you have basically gifted a portion to your spouse, who may now claim an interest in such property.

I suggest you contact an attorney-mediator in your area who is familiar with the specific marital laws in your jurisdiction, who can assist you in this matter and can help you with the overall separation and divorce.

Leonard M. Weiner Esq.-Divorce Solutions

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