Legal Question in Real Estate Law in California

Inherited Family property

This is the situation,--name removed--and Sally, --name removed--and Sally are getting divorced, Property in question are a 300k home almost paid off, and 800k home with mortgage left on it, little less then half the value. Sally�s family owned the 800k home and--name removed--and Sally bought it from family, but the division of the property was 7 ways, so Sally inherited 1/7th of property. Now Sally and--name removed--are getting divorced. Now does this inheritance play into account when dividing up the values of the properties? Is the 1/7th Sally�s? What type of document is needed? Trust , Written agreement or ??

I can provide other details if needed

thanks


Asked on 12/01/03, 8:02 pm

3 Answers from Attorneys

Michael Olden Law Offices of Michael A. Olden

Re: Inherited Family property

Interesting question since your dissolution attorney should be able to answer it easily, or I might just be a little crazy but you're trying to do your own divorce, aren't you???? Well, just remember sometime in the future, one day, three months, six months or however long you might wake up or find yourself in a position that you screwed up so bad you screwed yourself out of potentially many thousands of dollars in assets. If these are the only to assets in marriage I have a real hard time with this situation. Young marrieds don't have homes are almost all paid off. Young marrieds don't have two pieces of real property worth this much without having other assets. By the way their tax consequences to all of this but I'm sure you know all about this. Get the sarcasm in my voice. My advice to you don't worry about what he is sort isn't included since you need any real live attorney not only in this situation but is to the remainder of the assets. Oh yeah, if you just try to figure out how much is yours before you tell her all assets which are received by way of gift, devise or bequest ( inheritance) are the separate property of the individual received them unless that individual comingles them, intentionally, into another form. By the way,i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.

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Answered on 12/01/03, 10:28 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Inherited Family property

Parts of your question are so unclear that an attorney could not responsibly give a helpful answer. For example, what property was divided 7 ways -- one of the houses you've mentioned, or some other property? Do you mean there is one property that is owned in common by seven co-owners, or that seven separate pieces of property went their separate ways?

Are the divorcing spouses both represented by counsel? If not, why not? They should be in a dissolution involving this much property.

Property inherited by a married person is usually theirs (as separate property, rather than as community property).

If you would be willing to provide additional information, I can (perhaps) give you a truly useful answer.......as you have a 95401 Zip code, we seem to be neighbors. Please e-mail with details.

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Answered on 12/01/03, 11:50 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: Inherited Family property

Your question is not comprehendable. You say that someone and Sally bought the $800K property from the family, but that it was divided 7 ways. Can't have it both ways. If Sally and ? bought the property, it is no longer part of anyone's estate.

This definitely calls for more information.

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Answered on 12/02/03, 11:44 am


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