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We were married only 6 months when he started having an affair. We live in CA. He has an inheritance and paid off all his credit card debt. And the rest is in his personal checking account. How will it be determined what is inherited money or money from his income? Am I entitled to half of what is in his account?
10 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You do not get the inheritance. You will have to prove that the money was earned during marriage.
Answered on Feb 07th, 2013 at 3:06 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Sounds like the inheritance of your husband is his separate property as the funds are in his account only; that being the case you are not entitled to inherit anything, except what ever disposition he makes for you by will or trust; only his natural issue will be entitled to inherit from him.
Answered on Jan 26th, 2013 at 12:53 AM
Inheritances are the separate property of the person who receives them. A spouse is not entitled to share in the inheritance.
Answered on Jan 26th, 2013 at 12:51 AM
Trust Law Attorney serving Hayward, CA
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Law Office of Norman E. Reitz
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The person is entitled to 1/2 of the separate property if there is one child, 1/3 if there are two children or more or possibly all of the separate property if there are no children or parents living.
Answered on Jan 26th, 2013 at 12:50 AM
Shadi Ala'i AlaiShaffer
Inheritance money is not community property money, it is separate property money.
Answered on Jan 25th, 2013 at 10:43 PM
Family Law Attorney serving Walnut Creek, CA
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Law Office of Jon Rathjen
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No. To the extent he can trace the funds to his inheritance they are his separate property, regardless of the length of the marriage or the cause of the breakdown in the marriage. If he has mixed his inheritance with community property earnings ("commingled" it) then the burden will be on him to trace any remaining funds back to the inheritance through bank records and such.
Answered on Jan 25th, 2013 at 7:04 PM
His inheritance is not community property and you have no rights to it.
Answered on Jan 25th, 2013 at 6:56 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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His inheritance is his alone. If he can show it going into his account and then there is money in the account he gets paid his separate property inheritance back first so there may not be any community money left to divide.
Answered on Jan 25th, 2013 at 10:26 AM
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Generally an inheritance is separate property and you would not be entitled to it.
Answered on Jan 25th, 2013 at 10:26 AM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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You need to see a family-law lawyer to help you sort out this issue. Your husband's inheritance was his separate property when he received it. The question is whether he kept it as separate properly, or whether he commingled it with community assets so that it was transformed into community property. Without more facts, it is impossible to answer your question, and attorneys should not be giving specific advice or opinions in a public forum in any event.
Answered on Jan 25th, 2013 at 8:06 AM