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Dwayne B.
Dwayne B., Attorney
Category: Legal
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Experience:  Began practicing law in 1992
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if one of a married couple receives and inheritance, they buy

Resolved Question:

if one of a married couple receives and inheritance, they buy a house together and use part or all of the inheritance, does that money become comingled and thus Community Property in a divorce?
Submitted: 6 years ago.
Category: Legal
Expert:  Dwayne B. replied 6 years ago.
The IRS has nothing to do with whether property is community property. That is all state law.

You have to start with the proposition that inherited money is separate property. If that money is "mixed" with community property money in such a way that it can't be tracked then it becomes commingled. For example, if the money is put into the community checking account and checks are written out of that account and deposits of community funds are made, then the money has likely lost its separate property status.

If the house was purchased with separate property, and deeded in only the separate property person's name, then it will likely be separate property with the community estate having a claim for reimbursement. If it was deeded to both husband and wife, then it is likely either bother of theirs (joint tenants in common) or community property.

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