Legal Question in Family Law in California

Income generated from inheritance

Is income generated by an inheritance seperate property, or community property? If one spouse inherits money, it is considered seperate property and the other spouse cannot get it through a divorce, as long as there was no co-mingling of funds. What about income generated from that inheritance? Is it seperate property or community property? Also, will it be considered as income during child support calculations?


Asked on 1/22/04, 7:24 pm

2 Answers from Attorneys

Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Income generated from inheritance

In a general sense, inheritance starts out as separate property and may or may not become community property depending upin what the recipient may or may not do with it. Income from an inheritance is available to calculate child support.

For a specific opinion or more detailed information, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 1/22/04, 8:16 pm
Donald Holben Donald R. Holben & Associates, APC

Re: Income generated from inheritance

Inheritance is separate property and money made from inheritance if community not used to increase value, is also typically separate property. Need more info.

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Answered on 1/23/04, 12:22 pm


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