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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116710
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Question for Ely: we talked a few days ago about being

Customer Question

Question for Ely: we talked a few days ago about being served a wrongful restraining order. Do you remember that? I have another question now regarding inherited money used to buy the house that we are going to have to sell now. I deposited the money into our savings account with the single, specific intention of using it for a downpayment on the house. It took a couple months before the deal went through, but during that time I wrote out two checks to get the deal started, one for $5,000 and one for $9,500. Also, during that time, I deposited a couple thousand dollars on top of the inherited money. Is there any chance of still getting that money back after selling the house?
Submitted: 11 months ago.
Category: Legal
Expert:  Ely replied 11 months ago.

Hello again. 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 recall but vaguely, honestly. But if you are using the same username, then your previous question should populate your history and I should be able to see it soon.

Remind me, what state is this in?

Customer: replied 11 months ago.
Same user name
Customer: replied 11 months ago.
Did you find me in your files?
Customer: replied 11 months ago.
The total amount of the downpayment was $100,000, all inherited money to me.
Customer: replied 11 months ago.
You there?
Expert:  Ely replied 11 months ago.

Yes. You and I never talked. Here are your previous threads:


I do not mind continuing but let me know if you want to talk to one of the previous experts if you mean them, instead.

Customer: replied 11 months ago.
I guess I have the wrong guy. Do you know who that guy was?
Customer: replied 11 months ago.
I thought it would be easier to talk to someone that was familiar with my case.
Customer: replied 11 months ago.
Maybe I should call back later. I'm at work right now.
Expert:  Ely replied 11 months ago.

I know exactly who it was. Law Educator, Esq. I'll send this over to him - one second please.

Expert:  Ely replied 11 months ago.

He should reply on this thread when he gets my message. You can reply whenever you are ready if you have to leave for a bit.

Customer: replied 11 months ago.
CLOSED? I never even ask the question yet! This is why I requested a refund. This is so screwed up. If I get the money refunded, I intend to try asking the question again. But I'm not paying for a question that was never asked.
Expert:  Ely replied 11 months ago.
I am sorry but for some reason your previous expert has not picked up yet. Let me know if you wish to:
1) Have me help you.
2) Wait for him, or
3) Close the question
Customer: replied 11 months ago.
You can help me.
Customer: replied 11 months ago.
Here, no phone call.
Customer: replied 11 months ago.
Be back in five minutes, if you're even there.
Expert:  Ely replied 11 months ago.
Thank you for your reply.
1) Can you please give me a little background on the situation?
2) I am actually currently away from the site so I will be able to reply in a few hours, if that is okay.
3) I have sent another message to your original expert. He may jump in at any time.
Customer: replied 11 months ago.
Ok, I'll have to put this off again. I have to go home from work. I'll check back later. At this point, I'll take anybody available., but I don't expect to pay again. I already paid $52 for some reason. You advertise cheaper, but I'll go with the $52 if I can get an answer finally. I've never had so much trouble on this site.
Expert:  Ely replied 11 months ago.
My apologies for not getting back with you until today. I am sorry, but I have no control over billing. I do not even know what you paid/pay to the site. All experts do is answer questions and we have no access to the billing part of the site. To clarify any questions re: billing, please go to - customer service agents really good at helping you.
Now... I still need a little background on your situation in order to be able to answer your question. Thanks in advance.
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I apologize for the delay in replying to you, but I only just now received the notice that you were actually looking for me.
I am afraid that under CA community property law, the general rule is that commingling of separate inheritance money with community property makes that money community property absent some written agreement to the contrary. The CA courts consider the separate inheritance to be converted into community property if they find that (1) the property becomes commingled; (2) the property is used in support of the marriage; or (3) the property is used in a such way as to show an intent to make it marital property, such as placing an asset in joint names.
So, if you did that with the inheritance in buying the house, all you would recover is your community property share of the money, but not the whole thing.