If my husband inherits a house and then sells it, is it still inheritance or does it become marital property?

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If my husband inherits a house and then sells it, is it still inheritance or does it become marital property?

Asked on October 25, 2012 under Family Law, South Carolina

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your husband sells property that he inherited, then the proceeds are still considered separate property.  If, however, he gifts the property to the marital estate, then it can become marital property.  Usually, this issue gets sticky when the funds are co-mingled with marital property.  If this happens, your husband will have to trace the funds to prove they came from the sale of inherited property to avoid it being divided in a divorce as marital property.


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