Legal Question in Family Law in California
When a spouse inherits an estate is it consider a marital asset or community property?
2 Answers from Attorneys
Generally, an inheritance is considered the separate property of the spouse who receives it.
Not just generally - unless a bequest is made to both the husband and wife jointly, it is always the sole and separate property of the receiving spouse, and even if made jointly, it is each spouse's separate property as to a 50% interest (unless a different interest is specified in the bequest). Once received, however, it is subject to the same rules under which separate property owned at the time of marriage might be transmuted to community or quasi-community property. So if the receiving spouse wishes to maintain the separate property character of the bequest, they must make sure to manage it such that it is not transmuted, e.g., by co-mingling with community assets.