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wife inherited a house

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123gizzy

Junior Member
What is the name of your state? California
My father-in-law died a few months back, leaving his house to my wife and her brother in a trust, equal shares. My wife plans to get a mortgage loan to buy out her brothers share of the house so it will be all hers. She wants to include my good credit in her loan applications and get enough of a loan together to pay off her brother and fix up the house a little, which is fine with me, however, she says that the house needs to stay in the trust so that the property taxes will remain low, and that the title may be changed to show her as the owner but my name would not be on it. Since she's been unfaithful twice in the last 2 years and has told numerous of her friends that she's divorcing me someday, I tend to think she would just like to better her own situation right now and that after she's nice and settled in her new home could start talking divorce again, we split up, and I have nothing to show for the who knows how many thousands of dollars I put in to the house that she's currently calling, "our house". I understand it's "her" inheritance, but if we do indeed end up going seperate ways someday, I'd hate to be homeless while she holds a title to a house I spent alot of money on. We have been married for 17 years -2 children, 12 and 10. I'm just wondering if there are any legal or wise steps I could take at this time, any sort of rights i may have, so as to not be sorry later. Any help would be greatly appreciated.
 


123gizzy

Junior Member
?

I only posted the same text in forums that appeared to be appropriate for this topic, thanks for the answer though
 

stealth2

Under the Radar Member
It's best to post on only one board so that all of the responses are in one place. Otherwise, different information gets added in different threads and it makes it difficult to figure out what the actual situation is. Pretty much noone wants to deal with duplicate threads. So pick one, delete the rest.
 

LdiJ

Senior Member
123gizzy said:
What is the name of your state? California
My father-in-law died a few months back, leaving his house to my wife and her brother in a trust, equal shares. My wife plans to get a mortgage loan to buy out her brothers share of the house so it will be all hers. She wants to include my good credit in her loan applications and get enough of a loan together to pay off her brother and fix up the house a little, which is fine with me, however, she says that the house needs to stay in the trust so that the property taxes will remain low, and that the title may be changed to show her as the owner but my name would not be on it. Since she's been unfaithful twice in the last 2 years and has told numerous of her friends that she's divorcing me someday, I tend to think she would just like to better her own situation right now and that after she's nice and settled in her new home could start talking divorce again, we split up, and I have nothing to show for the who knows how many thousands of dollars I put in to the house that she's currently calling, "our house". I understand it's "her" inheritance, but if we do indeed end up going seperate ways someday, I'd hate to be homeless while she holds a title to a house I spent alot of money on. We have been married for 17 years -2 children, 12 and 10. I'm just wondering if there are any legal or wise steps I could take at this time, any sort of rights i may have, so as to not be sorry later. Any help would be greatly appreciated.
Well...you can refuse to use your credit or money to assist with the house. CA is a community property state however I don't know the ins and outs where inheritances are concerned...hopefully one of the others can give you an answer.
 

123gizzy

Junior Member
wow

So if hypothetically, I used my own personal vehicle for work travel and was fired for not carrying the proper auto insurance coverage required by my boss, and I logged on seeking some information, I could post in the auto insurance forum OR the Employment - hiring, firing, and wrongful termination forum, since each one of them may get read by someone who could give me some helpful advice, but I can't post in both of them at the same time? Seems like I'd have a better chance of getting some good advice if I increased the visibility of my questions, maybe more people would see and read them, but hey, if the multiple thread thing causes major problems for you, then I'll delete them. I would think that since I gave them all the same title it would be pretty simple to see whats goin on but whatever.
 

stealth2

Under the Radar Member
Thing is - all the same people read pretty much all the boards in a given "field". So everyone you get in, say, Alimony & Spousal Support also reads Divorce, Separation and Annulment AND Marriage, Domestic Partnerships and Other Family Law Matters. But since they all read them in a different order, they might reply to one or the other. And when they ask a question to which you reply, the people reading the other are basing theuir response w/o the additional info. It just gets messy & annoying. And yes, some people get fussy if you post in more than one area as well.
 

rmet4nzkx

Senior Member
In California, there is a form for you to sign with the lender when she gets the loan, this is used with inheirted property, property from previous relationships or separate property prior to marriage, this is often used in refinance situations. Your wife is entitled to her own credit and her inheirtance, even though it is a community property state.
 

123gizzy

Junior Member
?

Yeah, I know she's entitled to her inheritance, thats why I put in the part that said - "I understand that it's her inheritance..........."

When we got married I pretty much felt that I was entitled to a wife who would be faithful and honor the promises she made at the altar, but I guess I wasn't. Even though she was intentionally dishonest and hurtful to me, I'm trying to forgive her and trust her promises to remain faithful from here on out. But, since she did do what she did in the past, I think it's only fair that I should want to educate myself on this subject, as well as trying to be careful not to assist her in any long term goals she may or may not have of pushing me out the door.........literally

Thanks for the info about the form
 

BelizeBreeze

Senior Member
rmet4nzkx said:
In California, there is a form for you to sign with the lender when she gets the loan, this is used with inheirted property, property from previous relationships or separate property prior to marriage, this is often used in refinance situations. Your wife is entitled to her own credit and her inheirtance, even though it is a community property state.
That is only true if the inherited property remains in the same 'condition' as when inherited. When the home is refinanced using both partner's credit, it then becomes marital assets and falls under the marital property statutes.

For example, if she had inherited the home entirely, then you provided your credit to obtain a home improvement loan, did extensive work on the home and then sold it, the difference in the value of the inherited property and what the improved home sold for would be considered marital assets and be divided according to statute.
 

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