QUESTION

Am I entitled to half of the money from the sale of the house if my husband sells it?

Asked on Feb 19th, 2013 on Divorce - California
More details to this question:
My husband and I have been separated for 4 years. Not legally. When his mother died in 2007, she left him her house in Adjuntas Puerto Rico.
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7 ANSWERS

Insurance Attorney serving Seattle, WA at James Thomas Saulbury
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I wish I could give you a yes or no answer but unfortunately I don't have enough information to give you that type of answer. I can say the following, if you acquired the home during marriage and it is a community property asset, you will be entitled to a portion of the sale proceeds in a divorce. Your fact pattern indicates that your husband acquired the property was acquire as a gift or inheritance by your husband. More than likely it is your husband's separate property. If community property funds were spent on that asset before you separated you have a claim for reimbursement. As I said early I would need more information before I could properly answer your question.
Answered on Feb 21st, 2013 at 9:59 PM

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Estate Planning Attorney serving Wilmington, DE at Reger Rizzo & Darnall, LLP
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Normally an inheritance, if kept separate from marital property, is not subject to marital property separation.
Answered on Feb 20th, 2013 at 10:54 PM

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If it was left to your husband as an inheritance it is his separate property and you are not entitled to any of it (unless the community paid down the mortgage or for improvements).
Answered on Feb 20th, 2013 at 8:29 PM

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Unless community funds have been used in the property, the property is his separate property to which you have no claim.
Answered on Feb 20th, 2013 at 12:31 AM

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Family Attorney serving Sacramento, CA at Peyton & Associates
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If he inherited the house it is separate property and not subject to division as community property. So. No. you are not entitled to half of it.
Answered on Feb 19th, 2013 at 11:29 PM

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Any assets that are aquired by gift or inheritance are "separate" assets so, unfortunately, the answer is "no" in this scenario.
Answered on Feb 19th, 2013 at 11:09 PM

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If the house in Puerto Rico was gifted solely to your husband by his mother, then it is, absent other circumstances, his sole and separate property.
Answered on Feb 19th, 2013 at 11:08 PM

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