Legal Question in Real Estate Law in California

Re: inherited rela estate

California law provides that property inherited is separate property. In this case either New York law or the law of the state in which you reside would apply. The general rule is that it is separate property unless the spouse's name is added to the deed for the property.

Re: inherited rela estate

No. Gifts to you are not community property, irrespective of whether by inheritance or otherwise, or where the property is located, or the type of property. However, the marital community, and hence your husband, can gain an interest in your separate property through later-on "commingling" of the separate property with community property. For example, if you are a working wife, your salary is community property, as is his. Spending any of this income to make improvements on, or pay principal on a mortgage against, the New York house is likely to give the community an interest in the house in proportion to teh size of the community expenditure. For a better description, consult a lawyer who practices in the area of family law.

Re: inherited rela estate

I'm not sure what the law is in NY, but in California, inherited property remains separate property, unless of course, you gift it to your husband (or to the "community"), or to the extent you use community property funds to pay certain expenses of the NY property (mortgage). The latter scenario is quite complicated and involves financial analysis. You should sit down or actually speak with an attorney to go over your particular situation and your options. There are a lot of things you should know if you want to keep the NY property your separate property. In this response, I can't possibly give you all of the law on community versus separate property with respect to inherited real estate. Let me know if you would like my further assistance.