Legal Question in Family Law in California
My husband is under his parents will and trust and will thus get an inheritance of multiple properties when they pass. Despite us being married, does that property that he solely inherits from his parents become "his property". Meaning if we get a divorce, am I allowed to half that property or is that property not considered "communal property" given that he inherited it and not us?
1 Answer from Attorneys
No, community property is something that you earn through onerous efforts by both spouses during marriage. Inheritance, gifts, devises or as such during marriage are not community property and would remain separate property, in your case, of your husband. Upon divorce you have no right for half of that property. The law, however, has many exceptions. You should consult a family attorney if you want to understand the exceptions.
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