Distribution of assets
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Distribution of assets
In 2011 my husband and I purchased a house with my inheritance from my mother. I paid the down payment. I also invested over 60,000 in upgrades to the house. We are now about to divorce and my husband wants half of the proceeds of the sale of the house.
Am I entitled to more than that? He also claims he wants a share of what little is left of my inheritance. Is this right?
Asked on August 25, 2018 under Family Law, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You need to consult with a family law attorney. In your state, an inheritance is generally considered separate (non-marital) property, except if the inherited funds are comingled with the assets of the other spouse, in which case they generally--by combining them--become marital property, except if it can be shown that they were not intended to be used for the other spouse's benefit. So there is an argument that can be made that the interitance remains separate, but to make that argument--and so to keep it from being divided in a divorce--you have to show the use of the funds was not intended for your husband's beneft. That may be very difficult to do when the funds were used to buy a house you both lived in, but whether you can make that argument will depend on the specific facts of your situation; that is what you need to review in detail with a lawyer.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.