Legal Question in Family Law in California
We are getting a divorce in California. My husband received a large inheritance from his parents during our marriage. I do not feel I deserve any part of that inheritance as the divorce is my fault. We've been married for 16 years and the law says we should split assets equally. However, I am ok with him receiving the majority of the assets. Is this possible?
1 Answer from Attorneys
1. The parties to a divorce are permitted to divide their assets and debts any way they can agree on, as long as there is full disclosure of all relevant facts, no obvious over-reaching or undue influence of one over the other, and neither will wind up on government support if that could be avoided by a better allocation. The law on division of assets and debts is just the default if the parties cannot agree and a judge must rule on a distribution.
2. Unless an inheritance becomes mixed with community assets in such a way as either a) it indicates an intention to turn it into assets of the marital community, or b) it cannot be traced separately and therefore loses its separate identity, the inheritance is and remains the separate property of the inheriting spouse as if it was an asset they had prior to marriage.
So it is not only possible, it is easy and may well be automatic.