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  1. #1
    Join Date
    Oct 2013
    Posts
    1

    Default Rights to a Marital Home Purchased Out of a Relative's Estate

    My question involves a marriage in the state of:ALABAMA

    My husband and I are getting a divorce. Our home was purchased through his grandfather's estate for his benefit. We have lived in the home for 7 years and he is now wanting to kick me and my daughter out stating that we are not beneficiaries so we cannot live there. I am a former Realtor and in class we were told that no matter how a house is deeded a spouse would be entitled to 1/3 of the interest unless they signed a quit claim deed. Does this hold true if a home is deeded in an estate?

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Quit Claim Deed:need Clarification: State of Alabama

    Take it to your divorce lawyer. What do you mean "purchased through the estate?" Estates don't typically buy property. When did your husband acquire the inheritance. It may not be marital property if obtained PRIOR to you getting married. You were not paying attention in realty class as there is no such "hard third rule." All the marital property is subject to an equitable distribution. The third share thing sounds awfully like what happens when a spouse dies owning (non joint) property rather than a divorce.

  3. #3
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Quit Claim Deed:need Clarification: State of Alabama

    Quote Quoting flyingron
    View Post
    Take it to your divorce lawyer. What do you mean "purchased through the estate?" Estates don't typically buy property. When did your husband acquire the inheritance. It may not be marital property if obtained PRIOR to you getting married. You were not paying attention in realty class as there is no such "hard third rule." All the marital property is subject to an equitable distribution. The third share thing sounds awfully like what happens when a spouse dies owning (non joint) property rather than a divorce.

    I agree with this but will add that he cannot kick you out of the marital home. You have every right to stay there until a judge tells you its time to move out.

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Quit Claim Deed:need Clarification: State of Alabama

    Rereading it, am I to understand that you BOUGHT the home from the estate (i.e., he bought the family home either in part or in it's entirety).
    That changes things significantly, despite the familial history, in that case it's no difference than if he bought it from anybody else.

    LLWorking is right: 1. he can't kick you out, and 2. the home is probably part of the marital property that needs to be equitably divided. The only thing that might be different was some inherited share of it if it was before you were married.

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