Distribution of assets

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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 3 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.


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