Inheritance vs. community property?

[zmansgirl]

What is the name of your state (only U.S. law)? New Mexico

My soon-to-be Ex acquired $20,000 as an inheritance prior to our marriage. After we were married, he used that $20,000 to put a downpayment on the house we lived in for 6+ years. Both of our names are on the mortage. He now claims that the $20,000 is his sole property and claims the court will back him up on this and that the $20,000. Is he correct on this?

 

[LdiJ]

What is the name of your state (only U.S. law)? New Mexico

My soon-to-be Ex acquired $20,000 as an inheritance prior to our marriage. After we were married, he used that $20,000 to put a downpayment on the house we lived in for 6+ years. Both of our names are on the mortage. He now claims that the $20,000 is his sole property and claims the court will back him up on this and that the $20,000. Is he correct on this?

Maybe, maybe not.

He comingled his formerly separate property with marital property. You have the argument that he made that gift to the marriage, particuarly after 6 years. You are also joint owners of the home so it would be difficult at this point for him to try to claim that you are not entitled to a full 50% share.

However, its also possible that he could make an argument that he did not give up his separate property rights when he made the down payment...particularly if its traceable.

However, with the housing market tanking and everything else that is going on, tracing the PRESENT value of his initial down payment could be difficult.

You need a consult with a local attorney.