Legal Question in Family Law in California

Are inherited items during a marriage considered community property in a divorce?

Asked on 10/27/09, 8:19 pm

2 Answers from Attorneys

Erin Levine Levine Law Group, LLP

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.

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Answered on 11/01/09, 8:36 pm
Brian Levy, Esq. Law Office of Brian Don Levy

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.

For a specific opinion regarding your unique circumstances, you should consult with an experienced family law lawyer. Experience is not expensive, it's prriceless!. You can find some additional information at my web site


Brian Levy, Esq.

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Answered on 11/01/09, 9:02 pm

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