Financing a condo using inheritance money


#1

I am currently not separated but I am definitely thinking about separating from my wife.

I have just received inheritance cash and deposited it in a bank account under my own name at another bank, that way it remains a separate property.

I was wondering if I can use some of the inheritance money to purchase the condo and not having to sign a free trade agreement with my soon-to-be ex-wife? Moving into the condo will be the day I’m officially separated from her.


#2

Your inheritance is protected as your separate property, but you should absolutely sign the Free Trader Agreement prior to purchasing the condo. Until you are divorced, you are still married, and as such certain automatic rights with regard to real property will be vested to your wife unless you have the free trader signed.


#3

I see.

What if I were to purchase the condo entirely with my inheritance, therefore foregoing the need for a mortgage, will the divorce court determine that the condo is still a separate property because I used the inheritance to buy it?

When divorce comes to pass, will my wife lose her automatic rights to the condo?


#4

Inheritance is treated as separate property, and as long as you don’t title the condo in her name (mortgage or no mortgage), it will be your separate property. And yes, once you are divorced her rights will terminate.