Legal Question in Family Law in California
A husband has land in Montana that he inherits prior to marriage. later after marriage it is discovered that it produces oil . He and his wife relocated to california and purchase a home with the oil royalties. Upon dissolution Is the oil royalties separate property since they were derived from inherited land or are they Community property since they were presented during marriage
1 Answer from Attorneys
The Montana land was acquired by the husband prior to marriage and hence it is separate property. Under California law, the rents, issues, and profits of the separate property are also separate property. Therefore, the oil royalties are also separate properties.
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