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Inheritance and divorce

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MQuick

Junior Member
What is the name of your state? California

My sisters and I inherited a house from our father, a house which my husband and I have been living in for over 10 years. My sisters are willing to sign a grant deed, granting the house to me. However, I would like to get a divorce in the near future and am wondering what the ramifications might be of getting the house put solely in my name prior to the divorce as opposed to leaving it as is. My husband and I will have been married for 20 years in August.
 


moburkes

Senior Member
What is the name of your state? California

My sisters and I inherited a house from our father, a house which my husband and I have been living in for over 10 years. My sisters are willing to sign a grant deed, granting the house to me. However, I would like to get a divorce in the near future and am wondering what the ramifications might be of getting the house put solely in my name prior to the divorce as opposed to leaving it as is. My husband and I will have been married for 20 years in August.
Why don't you simply wait to do that? Also, inheritances generally fall outside of marital property.
 

MQuick

Junior Member
I would wait, but I need to get a loan against the house in order to pay off some bills and get some things done that have been neglected. Frankly, I will be unable to make it on my own without consolidating my bills and am anxious to get a little more financially stable before I file for divorce. My husband makes considerably more than I do, but my only expectation would be for whatever child support is ordered for our daughter.
 

nextwife

Senior Member
I would wait, but I need to get a loan against the house in order to pay off some bills and get some things done that have been neglected. Frankly, I will be unable to make it on my own without consolidating my bills and am anxious to get a little more financially stable before I file for divorce. My husband makes considerably more than I do, but my only expectation would be for whatever child support is ordered for our daughter.
20 years? Have marital funds been used to make improvements? Were there mortgage payments? Were these made with marital funds?
 

MQuick

Junior Member
My sisters and I inherited the house; I grew up in it. It was already paid for when my father died, so no mortgage, or rent has been paid. Property taxes have been paid with marital funds and some maintenance, but there have been no major renovations to the home, and only minor improvements and upkeep.
 

seniorjudge

Senior Member
My sisters and I inherited the house; I grew up in it. It was already paid for when my father died, so no mortgage, or rent has been paid. Property taxes have been paid with marital funds and some maintenance, but there have been no major renovations to the home, and only minor improvements and upkeep.
Husby may have some claim to the house.

Stand by for opinions from people who know about community property.
 

LdiJ

Senior Member
What is the name of your state? California

My sisters and I inherited a house from our father, a house which my husband and I have been living in for over 10 years. My sisters are willing to sign a grant deed, granting the house to me. However, I would like to get a divorce in the near future and am wondering what the ramifications might be of getting the house put solely in my name prior to the divorce as opposed to leaving it as is. My husband and I will have been married for 20 years in August.
Well...right now your husband has a 1/6th interest in the equity that has accrued in the home during the last 10 years....assuming that marital assets have contributed to the upkeep of the home....and its probably far wiser to leave it that way.
 

MQuick

Junior Member
Thank you all so much for answering my question. The house has not been maintained very well and I have to get a loan to fix the roof, the leak in the bathroom, etc. I can't do that without it in my name, and while he's done some things around here, always has an excuse why he can't do anything else. He only gives me a certain amount of money out of his paycheck so my hands are tied unless he decides he wants to spend the money. I guess I will go see an attorney and see what options I do have. Thank you all for your time. :)
 

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