Legal Question in Family Law in California

My wife is getting a inheritance of about $120,000 she now what�s to get a divorce after being marred for 36 years. We have a house that was my inheritance 23 years ago.My daughter is 23 years old and she does not have a car she is using my truck . On Wednesday my car has a problem with will not start. I asked my wife to get the truck so I could go to a job interview about 75 miles away my wife said no our daughter needs it to go to school.

My understanding is that all is 50/50 is this Wright in calif.


Asked on 11/24/11, 12:47 pm

3 Answers from Attorneys

Michael Schneider Family Law Center

An inheritance is not divided under CA law. You have enough legal issues that you really should consider getting legal representation

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Answered on 11/24/11, 12:52 pm
B. Stuart Walker Law Office of B. Stuart Walker

It probably will be a lot easier for your wife to show that her inheritance is separate property than it will be for you to show the house you inherited 23 years ago is your separate property.

I would guess that during that time there were loans taken out against the house etc. that will further complicate the issue. If your wife files for divorce, the first thing you should do is file a Response(see if you qualify for a fee waiver) and then file an Order to Show Cause for at least her payment of your attorney fees, spousal support (if she is working and your are not) Then, hopefully the court will order her to pay you some money so that you can hire an attorney.

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Answered on 11/24/11, 3:35 pm


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