Legal Question in Family Law in Utah

Seperate vs. Marital property

My inherited a condo from her mother (the condo is in Utah but we live in CA.). We changed the title and put it into our family trust in which both myself and my wife are trustees. The condo dues, taxes and insurance have been paid with community funds. In the event of divorce is this considered separate or marital property?


Asked on 6/10/09, 11:16 am

2 Answers from Attorneys
Cory Wall Cory R. Wall, Attorney at Law, P.C.

Re: Seperate vs. Marital property

Even though the property is located in Utah, in the event of a divorce, this issue/question would have to be resolved under California community property laws. I would recommend you consult a California divorce attorney to discuss this issue. Generally, inherited property is deemed to be separate property. However, in light of the co-mingling you mentioned in your message, there's a likelihood it's now attained the character of community property or what may be termed quasi-community property depending on how long you've lived in California and when the property was inherited by your wife.

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Answered on 6/10/09, 11:57 am
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Seperate vs. Marital property

It depends on how the condo was titled, and the terms of the trust. You should have a lawyer review the documents. You may call for a free consultation.

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Answered on 6/10/09, 5:28 pm


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