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Dads Divorce - Free custody and alimony advice for men and fathers.

Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.

Nov 29
1999

Ask a Lawyer: Can I keep the house if I invested my money from inheritance?

Posted by: Dads Divorce

Tagged in: Property , MO , marital , Maintenance , investment , house , home , equity , Child Support , Ask A Lawyer , account

Question:

My wife and I have split up. She has left and has acquired an apartment leaving me and my 18 year old daughter in our home. Over the last 2 years, I have spent about $60,000 from an inheritance on the house. If it comes down to a divorce, my wife has already stated I can have the house. Will the money spent on the home in the last 2 years be subtracted from what would be her share of the equity? Also, we have had seperate checking accounts for 10 years or more. I have been paying the house payment and all utilities. My wife does work and has her own accounts. She was just responsible for groceries. My 18 year old daughter wishes to remain with me. She will be going to college.

Answer:

As far as the house and your inheritance, that question is difficult. If she choses to ask for one-half of the total equity including your separate funds, then you will have to prove that you used separate monies not for the benefit of the marriage, but that you knew the marriage was over and that you were trying to improve the home for you and your daughter. This is a toss up and is highly dependent on the documentation you can produce to show use of your funds.
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