Legal Question in Real Estate Law in California

My husband's home is owned by a trust with his sisters, and was an inheritance before we were married. If we divorce do I have any rights to the home or its worth? We are married, but I'm worried because the home is not in his/our name.


Asked on 12/29/15, 10:17 am

2 Answers from Attorneys

William Christian Rodi Pollock

Property owned before marriage is generally separate property of the owning spouse. Also property received by inheritance, even during marriage, is generally separate property of the inheriting spouse. This can be changed by married parties, but unless that has occurred by agreement or by joint action improving the property, it is probably separate property. The retention in a segregated trust makes it even more likely it is his separate property, You would need to develop the facts more thoroughly and provide the trust to get a firm answer by dissolution counsel.

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Answered on 12/29/15, 10:28 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The key fact here is that your husband acquired his interest in the home before your marriage, and not that his interest is held in trust rather than directly. His interest in the home was his separate property on the date he inherited it, and your marriage didn't alter that. Sometimes a spouse's separate property acquires a community-property character over time, such as when mortgage payments are made with community funds, or by the owning spouse making a gift of an interest to the other spouse. However, in your situation I don't see any facts suggesting that you have any interest in this home. I'd suggest a personal conference with a local family-law attorney to look for anything unusual or supplementary here.

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Answered on 12/29/15, 10:56 am


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