NM Inheritance: Comingled? Precedent?

[canative]

What is the name of your state? NEW MEXICO

Wife received an inheritance.

Husband and wife bought house, using some of the inheritance money ("$30K") as the down payment. (Mortgage/title held is husband and wife as joint tenants)

Now divorcing, is wife entitled to the "$30K" down payment amount IN ADDITION TO her half of sale amount?

Is there a precedent?

Thank you.

[LdiJ]

Originally Posted by canative

What is the name of your state? NEW MEXICO

Wife received an inheritance.

Husband and wife bought house, using some of the inheritance money ("$30K") as the down payment. (Mortgage is husband and wife as joint tenants)

Now divorcing, is wife entitled to the "$30K" down payment amount IN ADDITION TO her half of sale amount?

Is there a precedent?

Thank you.

Possibly, possibly not. I think that NM is an equitable distribution state rather than a community property state, therefore the answer isn't as fixed as it might be in a community property state.

Get a consult with a local attorney. I don't recall anyone here being particularly familar with NM...but if someone is, I am sure they will chime in.

[nextwife]

Never mind the mortgage, how is TITLE held? If you OWN half the house, half the house is yours.