Dead spouse inherited a house during the marriage, Husband paid off the mortgage with money saved before the marriage. Is the house separate or community property. Husband's name is on the DEED.
If the source of the money paid by the husband can be determined, there are two possible results. This is called commingling of funds and may convert separate property into community property. It also may give rise to a claim by the husband for an interest in the home in the amount of his contribution. If the amount in controversy is sufficient, the services of an attorney should be sought to see how best to handle the situation. There are tax ramifications as well as ownership of the property.
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