Paid off house with inheritance, can house be considered an inheritance in divorce?

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skholtglass

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After paying on the house for more than 25 years my husband's parents died and left him some money that he used to pay it off. He met a woman online and left and went to live in Germany with her. He cashed out his pension, sold the vehicles, and Airstream trailer and thought that that money would hold him until he was able to get a job in Germany. Months later he had to return to the US cause he was unable to find work there. Now we are going through a dirvorce and he wants the house in exchange for a settlement of $12,000. The house is valued at $60.000. His lawyer says that he paid for the house with his inheritance. It seems that the implication is that the house has become a part of his inheritance. I know that inheritances are not subject to division in a divorce. I am unable to pay for a lawyer so i really need help before we go back to court. Since he paid for part of the house with inheritance money does that affect how it will be divided in a divorce? Thank you for any help you can give me. Susan
 
Are you in a community property state? Once an inheritance is mingled in with community property it changes. You could still be entitled to half the value.
 
I don't think South Carolina is a community property state. In a state that is not community property, how is that handled? I would greatly appreciate any info you can give me. Thanks! Susan
 
i'm sorry but I am not an attorney but most family law attorneys give you a free ro low cost consultation, you really should see one.
 
Is South Carolina a community property state?



Answer
No. In the United States there are ten community property states: Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.
 
My guess is that since the funds were co-mingled, he lost any claim to the inheritance. At best (for him), he could get back some of that money after the house is sold, but how much he gets might depend on how long ago he paid the loan off. If recent, he might have a good claim to get it all back, but it was several years ago, he might not get any of it back. But, certainly not, the house hasn't become his alone just because he used inheritance money to pay the loan off.

Also, if he sold off marital assets to chase after another woman, you may be able to claim half of that value due to his waste of marital assets.

You certainly need to see an attorney. Don't let his attorney bully you.
 
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