Napa, CA asked in Divorce and Family Law for California

Q: Inheritance went into joint account to buy a house in Ca, can he argue it came from inheritance if we divorce

Even if it’s co mingled $, can he try to take the house should we divorce or does it not matter after it’s co mingled while married?

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2 Lawyer Answers
Tobie B. Waxman
Tobie B. Waxman
Answered
  • Culver City, CA
  • Licensed in California

A: Home purchased during the marriage is community property. Subject to tracing, he can claim reimbursement of the inherited funds used to make that purchase

James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: In California, assets obtained during a marriage are typically considered community property, including funds from an inheritance. Even if the inheritance funds were co-mingled with joint funds and used to purchase a house while married, they could still be subject to division in a divorce. However, various factors, such as prenuptial agreements or the specific handling of the funds, can influence how they are treated. It's crucial to consult with a knowledgeable family law attorney in California who can assess your situation and provide personalized guidance. They can help you understand the relevant laws, evaluate the circumstances surrounding the funds, and advise you on potential outcomes in a divorce case involving co-mingled funds, including inheritance.

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