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  • Matrimonial Home

    Just wondering if anyone can give some advise on this.
    We've been Common Law for 10 years and are now discussing separation.
    I've been reading up on the legalities but haven't been able to come up with an answer. So if anyone can help it would be appreciated.
    About 6 months ago a relative gave me a cash gift. Some of it went to pay off our mortgage ( which was in both our names) and the rest is invested under my name alone.
    1) When we sell the house is she entitled to the portion I paid with the windfall ?
    2) Is she entitled to any of the $ that I invested.
    Thanks in advance.

  • #2
    entitled to the inheritance

    I am not greatly experienced in this but I do know that some items that have been inherited are not as likely to be split. So dont take it for granted that that an inheritance has to be automatically split. I would think though that the portion that you used to pay down the mortgage thus enhancing your situation which built equity in the home and that equity is what will be split. It is well worth your time to seek professional opinions. but my point is, is that there are laws that do protect your interests. I know from my divorce my ex had some items not cash that were inherited. I just left them alone. I just felt I had no right to them.... more of a sentimental point of veiw from me I guess.

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    • #3
      once the inheritence was used for a joint thing like paying off a mortgage that is in both names it becomes community property. If he would have left the money in a bank account in his name only then it would be separate. IMHO

      You and I are the same AtALoss. When me and the ex-hubby split up I only took my stuff. Anything that his family bought or gave to us including wedding presents I left for him. i just did not feel right in taking the stuff.

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