How Do You Treat an Inheritance in Divorce Proceedings?

Divorce requires the division of assets. California is a community property state, which means that each of the two spouses in a marriage should be entitled to half of all property acquired by the couple during the course of their union. It does not matter which spouse earned money or bought assets; property should be divided evenly between the two spouses. However, there is an exception for separate property. Separate property belongs to the spouse who owns it, and not to the community. Each spouse can keep his or her separate property in a divorce and will get half of community property. 

When you must address what happens to an inheritance in divorce proceedings, it is important to determine if it is separate or community property. An Irvine family law attorney at Brown & Charbonneau, LLP can provide you with assistance in determining what should happen to your inheritance when your marriage ends. Our experienced lawyers will fight to help you keep the money that was left to you, and will help you to try to protect your financial interests throughout the divorce process. Give us a call to learn more.

How Do You Treat an Inheritance in Divorce Proceedings?

An inheritance in divorce proceedings is often, but not always, considered separate property that belongs to only one of the spouses. However, the treatment of an inheritance during divorce is going to depend upon the circumstances.

If you inherited prior to getting married, the inheritance is clearly separate property. It should belong only to you and you should get to keep the entire inheritance when your marriage ends. However, if you co-mingled the inheritance with marital property, then you may not necessarily get to keep all of it. For example, if you used your inheritance and mixed it with your spouse’s separate funds or with community assets to buy a house, then you may no longer be able to claim all of the inheritance money back as your own. You’d need to be able to clearly show what portion of the money you should be entitled to keep.

If you inherit during the course of the marriage, the inheritance may be treated as community property or as separate property. If the inheritance was clearly left only to you (for example, the will clearly stated that YOU inherited the money), then it should be considered separate property. If the inheritance may have been left to both you and your spouse, or to your family, then the money or property could be considered community property. For example, if you inherited because your friend’s will said “I leave this house to Joe Smith,” then the house is yours alone. If your friend’s will said “I leave this house to the Smith family,” then your spouse may have a claim to the home and the house should be considered community property.

An Irvine family law attorney at Brown & Charbonneau, LLP will provide you with assistance determining what should happen to an inheritance in divorce proceedings and will help you to argue to keep all of your inheritance to yourself. Give us a call as soon as possible to schedule your consultation and to learn more about the legal guidance we can provide as your marriage comes to an end.