Dear Lisa:

Interesting question. First, when separate funds are placed into jointly titled real estate there is a presumption that those funds were gifted to the marriage. Therefore, those funds become both of your funds, regardless of the fact that they came from an inheritance.

Husband sounds like he will be liable to you though under equitable distribution. Make sure that you file an action for the same prior to the date of divorce. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

If a home was purchased prior to marriage with inheritance, and the wife moved out of home and the husband let the home go into foreclosure and had a family member purchase the home is the husband liable to pay back equity funds he withdrew prior to foreclosure which was wife’s inheritance?