Legal Question in Family Law in California

Spouses' Inheritance while married

My spouse of 25 years is going to inherite some money from his dad's will. He is under the impression that if we divorce before the money comes through that he will not have to split any of the money with me. He has been pushing for a divorce and I am interested to find out if he is correct.


Asked on 7/01/01, 10:28 pm

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Spouses' Inheritance while married

If you divorce before he receives the money, it is his separate property. If you divorce after he receives the money it is his separate property. The bottom line is that the money he receives from his Dad's will is his separate property. He should talk to an attorney who can give him an understanding of his financial stakes before he walks away from a 25 year marriage. Tell him that the judge could order him to pay you spousal support from his separate property and then it will be your separate property. Good Luck, Pat McCrary

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Answered on 7/02/01, 1:36 pm


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