Legal Question in Family Law in California

Are inheritances community property?

This is regarding a divorce in process. We have a situation where one spouse had their name on their grandparent's property since they were a child. I don't know how that name was on it, but during the marriage the grandparent died, and the property was sold and the cash was used as a down payment for a house for the couple. Is the money from that inheritance community property? Also during the marriage the other spouse's parent died leaving an inheritance of cash. Are both of these inheritances community property? Are either of them? Is the first one different because their name was on the deed to the property before marriage even though they did not get any money until after they were married?


Asked on 1/17/05, 10:10 pm

2 Answers from Attorneys

Brian Levy, Esq. Law Office of Brian Don Levy

Re: Are inheritances community property?

In a general sense, inheritance starts out as separate property but can become community property.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues by visiting my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 1/18/05, 10:54 am
Donald Holben Donald R. Holben & Associates, APC

Re: Are inheritances community property?

Inheritance is separate property but can be converted to community. Need more facts and info. Court may just allow each to take their respective separate property from the sale and share remaining equity.

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Answered on 1/18/05, 11:46 am


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