Inherited money/comingled community property states

I inherited 350K. I was going to leave my husband 4 years ago from marriage in CA and buy condo in AZ. Before I purchased condo in my name with my money, we decided to stay together and moved to TX. We bought a house jointly with my inherited money. We also bought condo in AZ jointly, but got a mortgage on it. This was 3 years ago. We recently sold house in TX. The money is in my account in my name for right now. Is this community property? We just moved to WA, my husband has a job in WA I want to leave and move to AZ. I havenot estabilished residency yet in WA. We just left TX last month. I want to use this money to pay off the condo in AZ. Remove my husbands name from the title and keep it as my own. I see this as my inherited money that is mine.

by sred 1 Post
Posted on 11/14/2008 11:50 AM

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Tags: separate property , inherited , comingled , community property
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Answers for "Inherited money/comingled community property states" (1) (You must be logged in to answer)

Well, unfortunately, how you see it is incorrect. You comingled it into joint assets - every penny of it is now a marital asset subject to split.

As far as taking his name off the condo and claiming it as your own, that is something you two will have to discuss in mediation - he has the right to want to sell it and split the equity...and it he does let you keep it, you will have to buy him out of his share of the equity.

On top of that - if you have children together, he can keep you in WA....as you are going to have to wait to file until you are established as a resident - because you no longer live in TX and and you also can't file in AZ because that isn't your "residence" either.

by spaznskitz 7745 Posts
Posted on 11/14/2008 12:26 PM

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