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About James Robinson
Expertise
I was a family law attorney for 25+ years. I have been divorced twice myself. One was friendly. The other wasn`t. Let me know how I can help.

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I have been divorced twice myself. One was friendly. The other wasn't. I was a family law attorney for 25+ years.
 
   

You are here:  Experts > Parenting/Family > Step-Parenting > Family Law (Divorce, Family Relations) > CA - home downpayment + inheritances

Family Law (Divorce, Family Relations) - CA - home downpayment + inheritances


Expert: James Robinson - 6/29/2009

Question
Hello Sir - California divorce (11 yrs) - two questions:
1 - If I used my personal savings to put the downpayment on our home 6 months PRIOR to marriage date (and home is in both our names), am I entitled to that downpayment (or credit in the division of property)?
2 - I received inheritances twice during our marriage and used the funds to pay off debt.  I understand inheritances are separate property.  If the money is gone, do I get credit for the amount in the division of property?

thank you, sir

Answer
Dear Fred

Inheritances are separate until they are commingled. In other words, if you put an inheritance into your individual account, that would be separate. If you put it into a joint account, it becomes marital. So it is possible to turn separate property into joint property. This is what you did legally when you put the down payment on joint property and paid off marital debt. Unfortunately you are not entitled to any credits. Good luck.

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