One spouse buying another home before a divorce

UPDATED: Oct 1, 2022

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One spouse buying another home before a divorce

If a 2nd house is purchased before a divorce is filed or finalized by the husband
using funds from a death inheritance from a parent which are held in a non joint
account, and are willed by the husband’s mother and owned solely by the husband
who is buying the house, is the wife entitled to ANY ownership in the 2nd home

Asked on December 8, 2017 under Family Law, Colorado


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

In the state of Colorado, property aquired by inheritance during a marriage is considered separate property not marital property.  You handled the matter in the best possible way: by keeping the funds separate (co-mingling could be seen as "transmuting" the asset) and using the traceable funds to purchase the house.  No, I do not think wife is entitled to any ownership in the facts you gave.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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