Legal Question in Family Law in California
At what point does inheritance become community property?
My husband and i have been together 20 yrs. we've been married 5 years abd have a 16 year old son. Last year my husband and his brother bought a parcel of land from thier mom. A few mo. later she died and left them $25,000.00 each. They then took the money and built a home on the lot and sold it for $200,000.00. At what point, if any, does this money or any portion of it become community property?Even though my name was not on the title when the lot was purchased wasn't it technically community property since we are married?
3 Answers from Attorneys
Reply: At what point does inheritance become community property?
In a general sense, property aquired between the date of marriage and date of separation is presumed to be community property. The presumption is a rebuttable presumption. Inherited property starts off as separate property, and may become to some degree commnity property if it is comingled and can not be traced.
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
Re: At what point does inheritance become community property?
Where did the purchase money come from for the purchase of the property. You indicate they purchased the money prior to her death and prior to receiving gift of $25,000.00 from her. If from community funds, it is likely partial community property. Inheritance is not normally community property. Need more info.
Re: At what point does inheritance become community property?
If your husband used community property or community income to purchase his 1/2 of the lot from the mother, than 1/2 of the value of the land is community property. Money that is inherited is not community property. Therefore the community had no interest in the 25k inherited. However, if your husband used community income to build a portion of the house he sold, the the community would be entitled to a credit or pro rata interest depending upon the circumstances.
You have one big problem; community property is a 1/2 undivided interest in marital property. You failed to mention whether you are divorcing or not. Each party to a marriage has a right to manage community property. Community property only gets divided upon divorce.
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