Louisville, KY asked in Divorce for Kentucky

Q: My inheritance was used as a down payment on a home. I have never spent a night there. Do I get it back?

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2 Lawyer Answers
Anna Aleksander
Anna Aleksander
PREMIUM
Answered
  • Louisville, KY
  • Licensed in Kentucky

A: If you used non-marital funds to purchase property the non-marital funds invested will continue to be your non marital property. There are exceptions to this and much depends on the specific funds, whether or not there will be offsets etc... The very basic simple example is as follows: you purchased a home in KY for 100k and financed 70k and 30k was your down payment from inheritance. 30k will remain your non-marital property. This should not be treated as legal advice.

Timothy Denison
Timothy Denison
Answered
  • Louisville, KY
  • Licensed in Kentucky

A: If you are getting divorced and if you can trace the nm funds back to their origin, then this should be restored to you as non-marital property.

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