Are inherited items during a marriage considered community property in a divorce?
2 Answers from Attorneys
They are usually considered separate property of the spouse who inherited the item. Therefore, they are not subject to division unless the property has been commingled with community assets/funds.
In a general sense, inherited assets start out as separate property when they are received. If they become comingled with community assets, then they can become community property unless they are traced back to separate property.
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Brian Levy, Esq.