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Old 03-11-2007, 11:32 AM
 
11 posts, read 36,157 times
Reputation: 11

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I have a question for all you legal types out there.
A spouse uses $30K of their inheritance money as a down payment on a married couple's Albuquerque house.
The married couple are joint tenants and share the mortgage.
Now divorcing, the spouse who put the down payment on the house says he is entitled to get BACK his original $30K in addition to any monies made by selling house/liquidating assets.
In NM (or anywhere else for that matter!), is he entitled to do this???
Thanks!
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Old 03-11-2007, 11:40 AM
 
2,857 posts, read 6,725,297 times
Reputation: 1748
Not a lawyer, but I'm thinking that by buying the house together, you have comingled your separate property (inheritance), and it is no longer separate. Bottom line, the equity provided by the initial down payment belongs to both parties.
You need better legal advice than mine.
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Old 03-11-2007, 11:47 AM
 
11 posts, read 36,157 times
Reputation: 11
Many thanks!
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