Legal Question in Family Law in California
My mother just died and left me an inheritance of some substance. I am married, but am about to file divorce papers. We have been married for approx. 15 years, and while I would like to be retired, we recently went bankrupt and lost the house. Question: If I divorce, besides the few dollars I have in retirement fund which I know would have to be split, would I have to give her any of the money from the inheritance?
4 Answers from Attorneys
No, any inheritance is 100% separate property, just keep it in a separate account, do NOT mix with any other money, salary or anything else which could be argued as community property, salary, etc.
Mr. Tuann is correct. In fact you could stay married for years and as long as you kept the inheritance entirely separate from any community assets and income, it would remain your sole and separate property.
I agree with the prior two answers. As Mr. Tuann states, keep the inheritance in a separate account and do not mix it with any of your joint accounts or joint property.
Another factor that could impact your situation is if any passive income from your inheritance could be considered by the court for determining spousal support.
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