Is the home purchased with money I inherited separate or community property?

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Is the home purchased with money I inherited separate or community property?

When my father passed away I received $50,000 which I used to purchase the home and furnishings we currently live in. Does this qualify the home and furnishings to be considered separate property? My mother (who is 80) lives with me and he wants to sell the house to “get what he has coming”. I don’t want to sell the house at least until my mother is no longer with us, but I can’t get him to move. Any assistance would be appreciated. Thank you.

Asked on May 17, 2009 under Family Law, Arizona

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I'm not an Arizona lawyer, and the answer depends on how all the details of your situation -- including quite a few things not in your question -- fit into the law of your state.  You should definitely talk to a divorce attorney in your area about this.  Our website, http://attorneypages.com , is one place you can look for the lawyer you need.

One of the things that will matter is how well you can prove that the $50,000 you inherited was the money used to buy your home and furnishings, assuming that you did not put your husband's name on the property.  If you haven't saved all the bank records you need, you might want to start getting copies of those, right away.


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