Legal Question in Family Law in California

My husband and I have been separated for over years . We are not legally separated or divorce yet. He's inheriting a large amount of money . I my entitle to half due community properly law in California ? We were married for 23yrs


Asked on 6/30/15, 12:14 am

2 Answers from Attorneys

Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

Probably not. Sorry, but I am assuming he is inheriting the money from his family. This money is not considered "community property" in California. Generally speaking, the property that each partner brings into the marriage or receives by gift, BEQUEST OR DEVISE during marriage is called separate property (i.e., not community property).

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Answered on 6/30/15, 12:19 am

No. You are not entitled to any of it unless he commingles it with community property in such a way as to show an intent to convert it to community property or in such a way as to make it not reasonably possible to separate it out from the community property. Inheritances are sole and separate property unless intentionally converted or mixed with community property in a way that shows an intent to convert them to community property, or they are mixed in a way that blends them with community property with no realistic way to separate them out. This would be true even if you were living together happily married and later split. Having already split, it is just all the more true.

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Answered on 6/30/15, 12:23 am


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