When filling in a separation agreement and it asks if the couple owns a home for marital property, do I select “No” because the house we live in I inherited before the marriage and have made no major improvements?
March 22, 2025
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Okay, then this would be considered your separate property indefinitely. There are two classes of assets that are automatically separate property so long as they aren’t commingled:
1. Gifts
2. Inheritances
Since the home was inherited and you’ve kept it in your name only — and there’s been no joint mortgage or significant shared investment — it remains your separate asset.
You would not list it as marital property on the separation agreement.
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When filling in a separation agreement and it asks if the couple owns a home for marital property, do I select “No” because the house we live in I inherited before the marriage and have made no major improvements?
I understand this can be a confusing situation. Did you and your spouse make any joint mortgage payments or contributions toward the home during the marriage?
No, it’s never had a mortgage.
Have you kept the inheritance separate from marital assets throughout the marriage, such as not commingling funds or using it for joint expenses?
Yes.
Is there anything else the Family Lawyer should know before I connect you? Rest assured they’ll be able to help with your property ownership question.
No. It’s only been in my name since my father.
Does her paying half the insurance to cover her contents matter?
Hello and welcome to the site! My name is Barrister, and I’m a licensed attorney here to help with your situation.
I’ve read your post, and I’m sorry you’re dealing with this — I understand it can be frustrating and confusing.
Let’s break this down.
Is the property in your sole name and you have never added your spouse to the deed?
Correct.
Okay, then this would be considered your separate property indefinitely. There are two classes of assets that are automatically separate property so long as they aren’t commingled:
1. Gifts
2. Inheritances
Since the home was inherited and you’ve kept it in your name only — and there’s been no joint mortgage or significant shared investment — it remains your separate asset.
You would not list it as marital property on the separation agreement.
The agreement says “the couple does not own a home separately or jointly” — that threw me for a loop.
Yeah, I can see how that language is confusing.
Honestly, it’s a bit of an oxymoron — a couple can’t really “separately” own something together. What that likely means is the agreement is trying to clarify whether the home is part of the marital estate or not.
Since it’s not, and the house is fully yours (inherited, not commingled), checking “No” is appropriate.
Okay, good — thanks.
You’re very welcome — glad I could help.
And no, her paying half the insurance for her own contents doesn’t affect ownership at all. It has no bearing on the legal classification of the property.
