Huntingtown, MD asked in Divorce for California

Q: My husband used his inheritance money to put a down payment on a house which we jointly own.

The mortgage has been paid out of our joint account. Is this inheritance money co mingled or is it his separate property still

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1 Lawyer Answer
Andy Cook
Andy Cook
Answered
  • San Diego, CA
  • Licensed in California

A: If he can trace it, and if the property is community property, the inheritance will be taken out of the equity of the sale proceeds of the house (or will affect the amount of the refinance payment) in the event of a divorce. Whatever equity is left, will be shared equally. If there's not enough equity, and if the inheritance can be traced (and if the property is community), the equity would all go to him.

This indicates that you are writing from Maryland. Whether or not California law applies is a question for me.

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