Boise, ID asked in Divorce for Idaho

Q: Idaho divorce; House purchased during marriage. One party used traceable money from an inheritance to make down paymen

Documentable tax forms show that the purchase was made using separate property (inheritance) from one spouse to make the down payment. The house is 50-50% otherwise in community property state. Both spouses are on the title. Is the down payment made using inheritance money deductible from the other party's equity in the house at time of dissolution?

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1 Lawyer Answer

A: Yes. As long as it is strictly traceable and NEVER commingled.

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