Legal Question in Family Law in California

Re: property and assets

An inheritance is the separate property of the person entitled to an inheritance. A spouse has no claim to any of those proceeds. Good Luck, Pat McCrary

Re: property and assets

The long standing myth is that since the inheritance is your separate property your ex-spouse has no claim to it. This is true so long as you have no children. If you have any children, then you are in serious trouble. Separate property can be considered income for purposes of calculating child support. This means your ex-spouse can get a protion of your inheritace to pay for the support of the children. You need to be very careful how you proceed. Do not hide your inheritance from the court or you could really get zinged. Be frothright and upfront and a good attorney will try to negotiate a settlement that will keep your inheritance out of a court order.

Re: property and assets

The inheritance is the recipient's separate property, so long as the recipient hasn't given it to his/her spouse or any portion of it. However, its value may be used in calculating support obligations--check with your divorce attorney, because the property may be excluded if probate is still open.