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mitche
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Inheritance & Community Property
      #257242 - 07/03/07 03:06 PM

Scenario:

During my girlfriends marriage, her sps of 23 years inherited 140k. Upon the sale of their first home, they took the equity gained in the sale, plus the 140k inheritance, and purchased their current home.

Obviously, their in the midst of a divorce.

The soon to be ex is saying that he could "take back" the 140k upon the sale of their current home. (Holding this over her head)

Q. Don't cummunity property laws supercede any inheritance once it's spent on a mutual asset?

Thanks.


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googledad
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Re: Inheritance & Community Property [Re: mitche]
      #257245 - 07/03/07 03:09 PM

Q. Don't cummunity property laws supercede any inheritance once it's spent on a mutual asset?

A. Yes !

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matilda
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Re: Inheritance & Community Property [Re: mitche]
      #257248 - 07/03/07 03:15 PM

I know in my sister's case she is entitled to her inheritance that was used as a down payment for a home. My father loaned her the money for a down payment and upon his death became her inheritance. There is a clear record of the money path and the lawyers agree that she is entitled to her inheritance even though money was co-mingled. I'm sure this would be different depending other circumstances and the state you live in.

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mitche
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Re: Inheritance & Community Property [Re: matilda]
      #257287 - 07/03/07 05:27 PM

Thanks for the input. The state in question is California.

Wouldn't he (the ex) have to supply some sort of evidence as to the property was purchased as an investment? It was purchased as a home in which to raise kids, not as a speculative real estate investment. At what point does ones inheritance override community property laws? I think that an aggressive attorney could argue that the house was not originally purchased as an investment, but rather to raise a family.

Any additional thoughts on this?
Thanks!
m


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googledad
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Re: Inheritance & Community Property [Re: mitche]
      #257294 - 07/03/07 05:46 PM

For the purpose of division of property on dissolution of marriage or legal separation of the parties, property acquired by the parties during marriage in joint form, including property held in tenancy in common, joint tenancy, or tenancy by the entirety, or as community property, is presumed to be community property. This presumption is a presumption affecting the burden of proof and may be rebutted by either of the following: (a) A clear statement in the deed or other documentary evidence of title by which the property is acquired that the property is separate property and not community property. (b) Proof that the parties have made a written agreement that the property is separate property.

Where economic circumstances warrant, the court may award an asset of the community estate to one party on such conditions as the court deems proper to effect a substantially equal division of the community estate.

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mitche
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Re: Inheritance & Community Property [Re: googledad]
      #257309 - 07/03/07 06:30 PM

Interesting. If I understand what you've written- unless otherwise stated in writing, that community property law supercedes inheritance law, correct?

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matilda
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Re: Inheritance & Community Property [Re: mitche]
      #257348 - 07/03/07 08:05 PM

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.


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Miranda
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Re: Inheritance & Community Property [Re: mitche]
      #257587 - 07/04/07 11:42 AM

I guess I'd be a bit miffed if my husband's girlfriend was on the internet asking questions about MY inheritance.

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Renee
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Re: Inheritance & Community Property [Re: Miranda]
      #257608 - 07/04/07 02:26 PM

Thats not the Husbands GF. Its the Wifes BF.

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mitche
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Re: Inheritance & Community Property [Re: Renee]
      #257617 - 07/04/07 03:28 PM

Thanks for clearing that up for me, Renee. Miranda doesn't appear to read too closely. I'm the BF, although the STBX Wife is using this logon as well. Maybe we should go on Maury, or something....hehe

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matilda
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Re: Inheritance & Community Property [Re: mitche]
      #257620 - 07/04/07 03:42 PM

Is there going to be a no cohabitation clause to the alimony? If she decides to live with her BF her SS might end and she would be up a creek.

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carolanny
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Re: Inheritance & Community Property [Re: matilda]
      #257622 - 07/04/07 03:46 PM

There is no cohabitation clause to the alimony.

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spinnerdegrassi
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Re: Inheritance & Community Property [Re: mitche]
      #257641 - 07/04/07 05:43 PM

It's precisely scenario's like this as to why I never mixed, nor will ever mix the money I got from my father's estate. Now, my wife will benefit off the interest that it generates and we use each year as long as we stay married. But if the marriage ever collapsed, I would walk away with the original principal, plus all the interest accrued that we hadn't used for purchases. This way everyone benefits. We both enjoy the use of the interest currently if we need to use it, and continue to do so as long as the marriage exists. If not, then I continue to enjoy what is mine post marriage. That way I don't lose in either scenario.

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Miranda
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Re: Inheritance & Community Property [Re: Renee]
      #257781 - 07/04/07 10:18 PM

Quote:

Thats not the Husbands GF. Its the Wifes BF.




Duh, I was switching genders to make is specific to my own personal opinion.

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Miranda
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Re: Inheritance & Community Property [Re: mitche]
      #257782 - 07/04/07 10:20 PM

Quote:

Thanks for clearing that up for me, Renee. Miranda doesn't appear to read too closely. I'm the BF, although the STBX Wife is using this logon as well. Maybe we should go on Maury, or something....hehe




No shyt, I switched genders. You see, follow closely, I don't have a wife because I am a female. So in order for the situation to apply to me I had to swicth the genders. DOH! Got it?

And you are about as slimy as they come.

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13.1...because I am only half crazy!


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Miranda
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Re: Inheritance & Community Property [Re: carolanny]
      #257784 - 07/04/07 10:21 PM

Quote:

There is no cohabitation clause to the alimony.




Says who?

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Relayer
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Re: Inheritance & Community Property [Re: mitche]
      #257817 - 07/05/07 05:56 AM

Quote:

Thanks for clearing that up for me, Renee. Miranda doesn't appear to read too closely. I'm the BF, although the STBX Wife is using this logon as well. Maybe we should go on Maury, or something....hehe




You aren't getting your hands on the guys inheritence. If the is a "will" there is a "way". AND spending her alimony too?

What a douche bag.

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carolanny
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Re: Inheritance & Community Property [Re: Miranda]
      #258783 - 07/07/07 03:29 PM

Per my lawyer after reading the divorce papers thought it strange there was not a cohabitation clause in it....good for me.

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mitche
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Re: Inheritance & Community Property [Re: carolanny]
      #259648 - 07/09/07 09:38 PM

Miranda....depends....you could be the female if your female lover agreed to let you take the reigns, for once....Tough getting off the couch and setting down the Twinkies, I'm sure. There is a theory that many seek same gender relationships after entering "Dumpsville". Let go of your hate for men, and insecurity. It's too much of a burden for you.

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mitche
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Re: Inheritance & Community Property [Re: mitche]
      #259649 - 07/09/07 09:39 PM

FYI...she's buying me a boat.

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Miranda
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Re: Inheritance & Community Property [Re: mitche]
      #260328 - 07/11/07 08:40 AM

Quote:

FYI...she's buying me a boat.




Troll.

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13.1...because I am only half crazy!


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