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INHERITED Property and comingling?

  • Thread starter Thread starter stevewilson
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stevewilson

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CA-married man, inherited property with sister before marriage 15 years prior, 1st mortgage in my name and 2nd equity line just recently in my name for home improvement, though wife wants to make payments for the home improvements-- what does this entitle her to if there was a divorce??
thanks---
 


gml659

Member
Whose name is on the title of the house? Are there children? Is it the "family home" or vacation home?

$$$ you make at work is community.
$$$ your wife makes at work is community.

$$$ you inherited is yours.......UNLESS:

This inherited money "mingles" with Community funds. Once it mingles (joint accounts, family home) with Community it IS Community. Plus there is the presumption of intent......was it your intent to "donate" to the Community even IF you kept records to the contrary. I would say that if the use of inheritance brings even the remotest smile to your wifes face then you did "donate" it. Does your wife contribute ANY form of labor to manage the inheritance?

Look at it this way: Assume your community money/assests, your wifes community money/assests, your wife personally, your children personally all have a VERY contagious virus. If they associate in ANY way with the inheritance, no matter how remote, they can infect your inheritance money/assest with the disease called "Community". Please be VERY CAREFUL in presuming ANY $$$/asset is separate. VERY.

I would reccomend:

Keep the $$$ in another state. Don't tell your wife about it...don't let her manage it or know anything about it. Don't send any funds or assets back or forth between the two states. Keep ALL accounts that have to do with the inheritance in the other state.

If not:

See an attorney for legalities and consider:

Nuptial agreement of some sort.

GML
 

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