Legal Question in Family Law in California
Community Property in California
If a husband in a marriage receives an insurance death benefit that was only in the husband's name during the marriage --is that money (insurance payment benefit) part of community property that the wife has a legal right to--or does it belong only to the husband--and is in a separate bank account belonging to the husband. Husband and wife married 10 years at the time of death benefit paid and is now still married 23 years. later. Does it only belong to the husband?
1 Answer from Attorneys
Re: Community Property in California
It would be the husband's separate property if it was a gift intended for him along and he didn't use any money earned during the marriage to purchase the policy. Also if he commingled that benefit with community assets, it would become a community asset unless he could trace the separate funds.
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