Legal Question in Family Law in New York
inheritance
i inherited 25% of a house before meeting my wife. i used that as a down payment to by the other parties out. i am now getting divorced and the house has to be sold. can i get the 25% that i used for the down payment back in the settlement
1 Answer from Attorneys
Re: inheritance
Whenever separate are commingled with marital funds, the court will treat the asset as marital. However, if a party can prove that the funds are spearate and distinct from the marital property, or may be properly removed from the marital property, then the Court will award that percentage of the marital funds as separate property.
If you can prove the value of the house that was used as a downpayment is not marital, you should be able to receive the downpayment back in the settlement.
Mike.
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