Thursday, December 11, 2014

My wife wsnts to put a 75k down payment from her inheritance on a house that both our names will be on.Will that house be a equal marital as...

Question

My wife wsnts to put a 75k down payment from her inheritance on a house that both our names will be on.Will that house be a equal marital asset after we sign on it? We live in Mi.



Answer

Generally, if a party comingles a "separate asset" it will be treated as marital property. The inheritance could retain its separate asset status if treated as such. A post-nuptial agreement may provide some protection however, there are many variables that can defeat such an agreement. The best practice is to keep the asset separate if you don't want it considered a potential marital asset.



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