One spouse buying another home before a divorce

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One spouse buying another home before a divorce

If a 2nd house is purchased before a divorce is filed or finalized by the husband
using funds from a death inheritance from a parent which are held in a non joint
account, and are willed by the husband’s mother and owned solely by the husband
who is buying the house, is the wife entitled to ANY ownership in the 2nd home
purchase?

Asked on December 8, 2017 under Family Law, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

In the state of Colorado, property aquired by inheritance during a marriage is considered separate property not marital property.  You handled the matter in the best possible way: by keeping the funds separate (co-mingling could be seen as "transmuting" the asset) and using the traceable funds to purchase the house.  No, I do not think wife is entitled to any ownership in the facts you gave.  Good luck.


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