Legal Question in Family Law in Arizona

Re: inheritance

Are you in the process of getting divorced? Assuming you are, do you have an attorney representing you? You might need to consult with an attorney. Generally, if the $ is not kept separate or is used to pay community expenses, such as house or car payments, the money has changed its nature from separate property to community property. You are entitled to � of any community property. You are not normally entitled to separate property.

1. How long ago was the $ inherited? The longer the better.

2. Did you and your husband talk about the inheritance $ or put anything in writing? If there is some type of written understanding that the $ would remain his separate property, you may be stuck with that, but if you didn�t discuss it at the time, you have a much stronger case.

3. You mentioned money down, which I assume was the vehicle purchase. Was any more of the inherited $ used to make the payments on the vehicle? Absent some special agreement at the time, the use of the money would appear to be for the community�s benefit.

4. How was the vehicle titled when purchased? If he put it in your name or both your names, then he would appear to have intended you to be part owner.

5. Who used the vehicle after it was purchased? Mostly you or both equally.

If this matter is contested, generally he has the burden of proving to the court that the money was intended to remain his separate property and he must convince the court. Husband�s claims of �intentions� now that the divorce is pending are not enough.If the truck was titled only in your name, you might even be able to argue that he made it a �gift� to you which could make it your separate property Good Luck