Legal Question in Wills and Trusts in California
Divorce and inheritance
If my husband receives inheritance and uses part of that money to purchase a home and other items with my name on the title(s), do those items become community property?
My husband and I are now divorced and are trying to settle the property disputes. Both our attorneys state he is entitled to receive his inheritance back from those items. However, other attorneys state once the money or items purchased with the inheritance are held jointly, they are now community property in their entirety.
I need to know which is true and either encourage my attorney to investigate further, hire another or go forward with the settlement.
Thank you
1 Answer from Attorneys
Re: Divorce and inheritance
From your description the answer cannot be entirely clear. When the house was purchased with separate property of H how was it titled. If in joint tenancy it is probably a gift of 1/2. If titled as community property it may also be converted depending on the intent at the time of purchase. More facts are needed to better answer your question. There may be a presumption here that could be rebutted by other evidence.
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