QUESTION

If my husband buys a house in Missouri with money he inherited and only puts it in his name, am I entitled to any of it?

Asked on Oct 15th, 2012 on Divorce - California
More details to this question:
We lost our house to foreclosure six months ago. My husband has inherited some industrial buildings that earn rent. He wants to buy another house in Missouri but only wants to put his name on the title. Am I entitled to any portion of that house he buys while we are married or if we were to divorce?
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5 ANSWERS

Inherited property is separate property that is not divisible upon dissolution unless it has been comingled with community property. So if the house is paid for with separate funds and no community funds are used to pay the expenses associated with the property then the community will have no interest.
Answered on Oct 15th, 2012 at 6:00 PM

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Family Law Attorney serving Temecula, CA at Landon Rainwater Robinson LLP
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Any inheritance is deemed separate property, meaning it does not belong to the community. Therefore, if your husband uses the money from either the sale or the rents earned from these properties to purchase a home it will be deemed his separate property and you would not have any claim. However, if he uses assets such as his earnings or money from a joint bank account to pay the mortgage payments or make improvements on the property then the community has the right to be reimbursed or share in any equity.
Answered on Oct 15th, 2012 at 6:00 PM

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Separate property includes inheritances in CA.So he can keep it separate.
Answered on Oct 15th, 2012 at 5:59 PM

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Family Attorney serving Sacramento, CA at Peyton & Associates
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No. If he inherited the money, it is his separate property and is not subject to distribution in a divorce sorry.
Answered on Oct 15th, 2012 at 4:43 PM

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If he uses 100% inherited money to purchase it, you have no right to it when you divorce. If he pays a mortgage and uses some community property money to pay the mortgage, then the community has an interest on it. However, he has the burden to prove where the money and/mortgage payments came from, the law presumes it's a community asset.
Answered on Oct 15th, 2012 at 4:05 PM

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