If I buy property during my marriage with inherited money,is my spouse entitled to half of it?

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If I buy property during my marriage with inherited money,is my spouse entitled to half of it?

Inherited money was in separate account in my name only.

Asked on June 14, 2011 under Family Law, Louisiana

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

LA is a community property state. As such, all assets acquired during a marriage are presumed to be community assets unless it can be shown that such property is separate property. Separate property is property brought into the marriage (property owned prior to the marriage), inherited property or property received as a settlement (such as money from a personal injury case).

Note:  The above holds true has long as their is no pre-nup providing otherwise.

Therefore, since your property was purchased with inherited funds, it is your separate property; accordingly your spouse has no rights to it. Just be sure that no community funds are used to maintain the property, etc. If so, it may become community property.


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