Is it possible to purchase a piece of property with money from my mother’s estate and title it only in my name and not my wife’s?

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Is it possible to purchase a piece of property with money from my mother’s estate and title it only in my name and not my wife’s?

I want to do this so if we divorce, will only be mine?

Asked on December 24, 2011 under Family Law, Georgia

Answers:

Lyle Johnson / Lyle W. Johnson Attorney at Law

Answered 9 years ago | Contributor

Yes.  If you use any of your wages or other community property to pay the morgage or make repairs to the property a community property interest in the property would be created.  If you make the down payment with money from your mother's estate and then pay for the property with rental income from the property there would not be a community property interest, except in unusual circumstances.


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