Hemet, CA asked in Divorce for California

Q: I inheirited a home, lived in it, sold it,with the proceeds bought a new home, is it community property?

when I sold the home I'd inheirited- which I paid all but 1 mortgage payment on, plus all the taxes, utilities, and maintenance. when I bought the new home, it was entirely paid with the proceeds from the sale of my mom's. it is held in the name of my trust, and is the only item in the trust. he just began working again about a year ago, when the money I'd inheirited ran out, from using it for living expenses and supporting us. since then, he's paid monthly utilities. back property taxes are owed. we have no kids, married in 98. is this going to be considered community property?

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1 Lawyer Answer
Edgar Diaz
Edgar Diaz
  • Temecula, CA
  • Licensed in California

A: the home you inherited was your separate property. When you converted that home to money, and used YOUR money to buy a home during marriage, then he has a claim that the home is community property, absent written agreement to the contrary. If you wanted to keep it separate, you could of made him sign a post nuptial agreement. If you are thinking about a divorce, then you should hire an attorney and get advice in person. I would need more facts to give you a clear answer.

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