Yes! Things like these are indeed possible. Gone were the days when a divorce can mean 50/50 share of common properties acquired during the relationship. Pre-inherited properties were considered separate in the past, but there are some exemptions and changes made to the rule.
Say, your husband inherited a small farm long before you got married. Ending your marriage does not mean your rights over that inherited property end as well. As a matter of fact, you can get as much as 40 percent from that property as long as the court sees you as someone qualified for that.
If you helped in maintaining the property, you are most likely to end up with your fair share in that pre-inherited property. This is where the change comes in. Say it’s a farm that we are talking about, if you actively helped in farming, tilling the land and helping the farm earn more income. If it’s a pre-inherited ancestral home you are still quailed as long as you helped in its maintenance such as doing chores and the like. Paying for its renovation and repairs also counts. The property may be pre-inherited but as a couple, you helped in its finances therefore you have the right over it.
If you come to think of it, Giving right to a spouse that helped in maintaining a pre-inherited property is fair as they did their part by contributing in the properties upkeep.
For people who don’t want things like this to happen, it is best to put your pre inherited property in a Trust. A prenuptial agreement will also help. An S21 agreement will make things clear as it boldly states that your pre inherited property is not meant to be joint. It is better to put things in black and white first to avoid complications and fights in the future.
John Rowe is working with Gilligan Rowe & Associates are Chartered Accountants and are specialist Accountants and experts in property and family trusts.
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