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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 100053
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I bought my home with my mothers inheritance money before we

Customer Question

i bought my home with my mothers inheritance money before we were married, am i entitled to it back plus 1/2 of the equity after we sold it?
2- my spouse has invested 100,000.00 in a book company after we
were married, am i entitled to half of what it is worth?
thank you
Submitted: 5 months ago.
Category: Family Law
Expert:  Ely replied 5 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 assuming you mean if you divorce.

HOME

If so, then someone in your situation can get the home back if you can show by clear evidence that the home was purchased with inherited money. Why? Because inherited money is separate property (not subject to division), and a home purchased with only separate property is also considered separate property under doctrine of transmutation.

However, there is an exception. If you put his name on the deed, then the home would be community property regardless. If so, then it wold be subject to division in a divorce.

INVESTMENT

If the money invested was money earned prior to marriage, then he can try to argue that this was his separate property via transmutation. However if the money he used was earned after marriage, or, was commingled with money earned after marriage, then likely it would be seen as community property and if so, you can demand half of the company's worth.

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