Legal Question in Family Law in California

This question is regarding community property in a marriage in the state of California. If the husband in the marriages solely inherited a home from one of his family members, is the value of that home still considered community property with his wife. (The husband and wife have lived in the home together for over ten years.) Also, if the husband has already established a living trust that states that the house belongs to him, does that override any community property laws.

Asked on 9/25/13, 12:09 pm

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach
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Creating a trust does not override community property, because it is fundamental in California that one spouse may not make a gift of community property to himself or herself. An inheritance is separate property, unless a will specifically gave the gift to both spouses. That separate property character can change however. For example, the community can acquire a "pro tanto" interest in a separate property when earnings during the marriage are used to pay down an encumbrance like a loan secured by a deed of trust.

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9/25/13, 7:07 pm

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