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Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 99416
Experience:  Fully licensed attorney in Texas in private practice.
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I'm getting a divorce, my husband bought the house with his

Customer Question

I'm getting a divorce, my husband bought the house with his inheritance in 2013, we are divorcing now 7/2016. what rights do i have to the house.
He closed the trust/estate account and but all the money into his personal account, do i have a right to the money.
Submitted: 2 months ago.
Category: Estate Law
Expert:  Ely replied 2 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation.

If your name is ***** ***** title, then even if he purchased the property with inherited money, the home would be considered community property.

If your name is ***** ***** the title, then since he purchased the property with inherited money, it would be considered separate property and would go to him if he can prove by clear evidence that only his inheritance was used in the purchase. This is called "transmutation." However even then, you have the right to demand equitable pay back for any joint marital funds used to better/pay for the property later on.

The inheritance money - you do not have a right to it unless it was placed into a joint account, because inheritance and anything that can be traced to it is separate property.

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Expert:  Ely replied 2 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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