Legal Question in Family Law in California

Re: Inheritance/divorce

Inheritance is always separate property. However, the question of whether your separate property was mutated in community property depends on whether it was intended as a gift to the community or as a loan. This is a fact based question that would require arguments in court. What you have so far is your testimony that it was not a gift, but a loan. Do you have anything to support that? Did you specifically state at any time that "this is a loan, not a gift?"

Even if you do have evidence, he will attempt to provide evidence that you intended to give the community a gift, or worse, he will say that you intended to give HIM a gift.

Absent a written agreement I would think the judge will deem the money you contributed to his business has been changed from separate to community property and you will be able to recover 1/2 of it. Of course, you could be lucky. The judge might award you the entire amount with interest.

You really should get an attorney if the amount is at all significant. And really, you need to work this out in the form of a settlement agreement to save court fees.

So you see, you don't need to do research. You need to figure out what your true intent was and try to get evidence to that effect. And you need an attorney to help you mediate the issue to save massive court fees.

Re: Inheritance/divorce

Your inheritance is separate property. What the judge will do is a different matter. There is way to much information I would need to render an opinion on your question. I see that you are in Moorpark. You may call me for a free consultation. My website is www.divorce-legal.net and my contact information can be found on this website.

Norm

Reply: Inheritance/divorce

In a general sense, you may be able to get credit for the use of your separate property for community debts if you can trace the source of the payments to your separate property inheritance. In a general sense, inheritance starts off as separate property when it is received.

For a specific opinion regarding your individual circumstances, 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 by visiting my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com