Q: If I spend $ from a personal account to pay debt related to joint acct, will my personal account be considered comingled
I am expecting an inheritance. I intend to put this money into a personal account, with my name on it only. However, I intend to spend some of my inheritance to reduce my mortgage and/or pay off my Home Equity Line of Credit, which is jointly held by myself and my wife. If I do so, is any remaining portion of my inheritance (personal) account now considered "co-mingled"? And thus, in the event of my divorce, will my spouse be able to claim access to the remaining portion of my inheritance? I live in Minnesota.
A:
If you can trace it and keep it in a separate account, it would not be considered commingled.
Unless you need to pay down the debt now, it may be beneficial to wait until after the divorce is finalized.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.