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J. Warren
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 2211
Experience:  Experience in residential real estate and commercial leases.
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My husband inherited a third of the property we were living

Customer Question

My husband inherited a third of the property we were living in and we took a loan out to buy his brothers out and had it refinanced a month later and put in both our names. What am I entitled to since I'm going through a divorce. I paid all taxes, did improvements, paid for the refinance - Since my name was put on title 2 separate times is this considered a gift
also, we eventually sold this property and all funds were put in my bank account due to him being hospitalized - we reconciled and purchased a property in ventura in both our names has this money been gifted and commingled
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  J. Warren replied 1 year ago.
Hello my name is ***** ***** I look forward to providing you information. Please note:
(1) this is general information and is not legal advice. I never propose a specific course of action. There is no attorney-client relationship or privilege that is formed when communicating to an expert on this site. The site repeats this disclaimer numerous times. By continuing, you confirm that you understand and agree to these terms; and
(2) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
I am sorry to hear about your pending divorce. The general rule is that inherited property remains the separate property of the person who inherited the interest in the property. However, this presumption can be overcome by showing that the inherited property was converted to community property by future use, payments of taxes, commingling of funds, etc....
From what you have described a valid argument can be presented that the interest of the inherited property was converted to community property and loss its separate property status by payment of taxes, commingling of funds, etc.....
If the judge agrees that the property or funds from it are now community property, then each spouse is entitled to a community share of the value, that being 50% each. Your family law attorney should be able to analyze the nature of the property and present an argument to the court that the property and proceeds thereof is community property.
All my best & encouragement.
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