QUESTION
Can my wife claim my inheritance in a divorce in the state of California?
Asked on Jan 29th, 2013 on Divorce - California
More details to this question:
It seems I may be heading to a divorce my mom has a will leaving me and my sister as co owners of a property. If I were to inherit this during my marriage or once divorced can she ask for 1/2 of my inheritance?
5 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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An inheritance is separate property unless you mix it with your husband's accounts. Keep the property in your name only.
Answered on Feb 07th, 2013 at 12:20 AM
Inheritance is separate property and not subject to division in a divorce. Inheritance can be considered, however, for awarding spousals support and/or attorney fees.
Answered on Feb 01st, 2013 at 10:27 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Inheritance is yours but you have to prove where money came from. If you keep your inheritance in separate bank or investment account in your name alone and keep copies of checks and ban wires and never ever put any joint money in that account or put her name on it you can probably keep it in a divorce. Key is tracing money to a separate source the inheritance.
Answered on Feb 01st, 2013 at 10:27 AM
An inheritance is the separate property of the person receiving it and unless it is commingled with community property is not divisible upon dissolution.
Answered on Jan 31st, 2013 at 4:05 PM
Family Law Attorney serving Walnut Creek, CA
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Law Office of Jon Rathjen
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Inherited property is the recipient's separate property under California law. The only wy that changes is if that property is commingled (= "mixed) with community property such that it's origins cannot be traced.
Answered on Jan 31st, 2013 at 4:05 PM