| matilda |
| (Pooh-Bah) |
| 07/03/07 08:05 PM |
Re: Inheritance & Community Property
|
My guess is that there is a will giving your friend's STBX his inheritance. He more than likely deposited this money into an account. If the account was in his name and marital funds weren't co-mingled then the inheritance would be his to keep. Now if he demonstrated that non co-mingled inheritance went directly to a down payment he will probably get to keep his $140K inheritance. There are a lot of unknowns in the situation that could make this go in either direction. I know that my sister, who is in California, is getting back her inheritance used as a down payment because she is legally entitled to it. Her STBX and his attorney tried to fight it, but gave up. The property in question was the family home and not investment property. I think you are getting hung up on the word investment. I bought my home as an investment instead of paying rent to someone else.
The best advice I can give you is to have your friend seek some guidance from an attorney. She can often times get free consultations. She needs to be aware that there are some lawyers who will tell you what you want to hear (not what is most likely going to happen) just to get her to sign a contract. There are also lawyers who will try to create more drama in the divorce just to get a larger pay check.