Q: Im going thru a divorce. I have an Inheritance. Hubby can't touch it. Can I buy a house w/o him owning it too?
I was informed that he cannot touch my Inheritance and that it belongs to me only.
I'm trying to find a place to live, I wanted to buy a house. I wanted to know if he'd be joint owner of my house and if I'd have to give him half of what my house was worth even though it was bought with my Inheritance money.
A:
Typically, any major transaction like this is prohibited without court approval during the pendency of a divorce. These prohibitions are typically embodied in a standing order or standard temporary injunction. It is likely, however, that a court would approve the purchase of a home with your inheritance for you to live in.
As long as the entire purchase price is paid for with your inheritance (not just the down payment) and you can prove it by clear and convincing evidence, the new home would not be community property and your soon-to-be ex would not have any right or claim to it.
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