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Spouse Loses $50,000 Home Improvement Claim

November 6th, 2009 Rich Shea No comments

It is very common for a couple to make improvements to their home during the course of their marriage. But what happens when one spouse uses separate property they received as an inheritance to make home improvements? Through careful review of the evidence your Woodlands divorce lawyer can increase your chance of winning or defending a claim for reimbursement as part of your Montgomery County divorce.

Alfred Baker was married in 1984. In 1996 he received an inheritance of $300,000 and placed it in separate accounts, not marital bank accounts. As we’ve discussed earlier, an inheritance received during the course of a marriage is separate property and not community property. With these funds, Alfred spent $104,000 to pay off the mortgage and $50,000 on home improvements. Unfortunately Alfred’s marriage broke down and his wife filed for divorce in 2006.

In divorce court, Alfred’s wife agreed that he spent $104,000 on the mortgage. Her divorce attorney disputed the $50,000 reimbursement for home improvement and the judge was left to decide the issue.

The divorce court judge Read more…

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