Legal Question in Real Estate Law in California

In process of divorce in California of a 16 marriage. Husband inherited a home and put wife on title after marriage. Home was sold and a new home was purchased with cash from inherited home. Wife is on title of new home. Is wife entitled to half the proceeds from sale of new home?

Asked on 5/18/19, 3:07 am

1 Answer from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

Quite possibly, but not 100% certainty. There is a presumption that when separate property, such as an inheritance, is put into joint ownership that the intention was to transmute the property from separate property to community property. In some cases, however, where there is clear evidence contradicting that presumption, it is possible to have the property deemed community property. The final result will depend on the specific facts of each situation.

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Answered on 5/18/19, 5:49 pm

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