Legal Question in Family Law in California

separation and inheritance

My husband and I have been separated( no legal documentation) for 5 years. We live on the same parcel of land (one address) in two separate homes(one termed a granny cottage). I have recently come into an inheritance from a family trust and would like to know if i can protect it as mine. We will file for divorce next year once our children graduate.


Asked on 11/08/08, 4:10 pm

2 Answers from Attorneys

Robert Mccoy Law Office Of Robert McCoy

Re: separation and inheritance

Probably. You should keep it in a separate account and keep an accounting of everything you spend the money on.

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Answered on 11/09/08, 4:14 am
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: separation and inheritance

An inheritance is your separate asset. The best way to preserve it's character as your separate property is to hold it in a separate bank account. Do not commingle it in an account with any other asset. I realize you are separated and that your income will likely remain your separate property, but in an abundance of caution, hold your inheritance in a completely separate account.

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Answered on 11/08/08, 4:23 pm


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