Legal Question in Family Law in California
inheritance and divorce
My wife inherited a house. The owner died one week before our marriage. The property title transfer occured after this when we were married, and we put both of our names on the title. The title was never under her name alone. If we get divorced (California), we are both entitled to appreciated value since it is community property if it is a pre-marital asset. My question is this, since it was gifted to her and titled jointly, is this premarital property or post marital property? The difference in divorce would be significant, I think, because The value would be the full value of the house in the case of post-marital property, not the value of the house at time of separation minus value of the house on marriage day for pre-marital property. Any information or clarity on this would be appreciated.
3 Answers from Attorneys
Re: inheritance and divorce
I concur with the analysis that your wife would get "reimbursed" the value of the house at the time that it was titled both names. As it works out, if there has been appreciation, after payment of sales costs, if any, the two of you would share that increase. Good Luck, Pat McCrary
Re: inheritance and divorce
I disagree with your analysis. This isn't pre-marriage, post-marriage, this is the definition of separate property. It's inherited property, so whether before or during marriage, it's your wife's separate property.
Unless in writing she clearly made this a gift, making you a 50% owner straight up, she has a reimbursement right, equal to the equity at the time she put you on title, without increase for appreciation thereafter. So she get's that off the top, and you split any increase. If it has depreciated, she only gets the value of the house at time of trial in a divorce case. So you can't owe her money.
Re: inheritance and divorce
Gifted or inherited property is the separate property of the spouse. Please consider representateion as your property rights will be corectly asserted. Contact me directly.
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