Who gets inheritance money after a divorce?

Asset and property division, Family Law

The topic of who gets inheritance money after a divorce is normally straightforward, as inheritance money and/or property gifted to one person in a marriage is considered that person’s separate property and is not subject to division under the community property laws of the State of California. This would also apply to gifts made to one party by a parent, such as a large sum of money, or property gained by one party due to a death in the family using separate property assets. 

Where the topic becomes more complicated are instances of commingling where one person comes into a marriage with separate property assets, such as an inherited home, and one or both persons in the marriage continue to make payments on those assets with income earned during the marriage. All this marital income is considered community property when getting divorced, and any contributions of the community to paying for, improving, or maintaining separate property can be recovered and distributed as community property in a divorce. Most often, community property is divided equally upon divorce, though this is not always the case. 

Additionally, if the parties agree in writing and separate property is transmuted to a community property status, that property could be divided equally or apportioned according to separate property or community property interests. This process of changing the status of property is called transmutation, and it can affect both separate property and community property.

The mere fact of a change in the title of ownership for purposes of refinancing separate property could expose the original owner of that property to a transmutation such that the other person is now a one-half owner of the property right from the start of this change. 

While the issue of separate property seems fairly easy to deal with at first glance, the other issues of community property contributions and transmutation are complicated legal issues. For these reasons, you should be sure to get an experienced family law attorney to help you. At JWB Family law, asset and property division attorneys, we are well-versed in these topics and give you the seasoned advice and guidance you will need in order to make sound decisions that affect your life now and into the future.

Contact JWB Family Law Today

    Categories

    Connect With Us

                

    Contact

    San Diego Office
    1620 Fifth Avenue, Suite 600
    San Diego, CA 92101

    Phone: 619.234.6123

    Temecula Office
    43537 Ridge Park Dr, Suite 100
    Temecula, CA 92590
    Phone: 951.297.3871

    El Centro Office
    300 S Imperial Ave, #10
    El Centro, CA 92243
    Phone: 760.460.4608

                

    Federal Laws & Procedures Impacting Military Divorce

    Several federal laws are relevant procedurally when one or both spouses in a dissolution proceeding are members of the military. Although not every Act applies to every case, it is good practice to be aware of the federal laws and procedures that may impact your...

    A Detailed Breakdown of the Divorce Procedure

    Divorce is an emotionally challenging process that can be difficult to navigate. It’s important to understand the steps involved so that you can plan for the future and make informed decisions. We’ll explain the divorce procedure, including the legal requirements,...

    The Difference Between Contested & Uncontested Divorce

    Divorce is a significant life event that involves the legal termination of a marital union. It is a decision often accompanied by complex emotions, legal considerations, and a multitude of issues to be resolved. When pursuing a divorce and finding a divorce attorney...

    Common Mistakes to Avoid During Divorce Proceedings

    Divorce is a complex and emotionally challenging process that requires careful consideration and strategic decision-making. From navigating legal intricacies to managing the emotional turmoil, divorcing couples often find themselves overwhelmed and prone to making...

    Property Division in Divorce: What You Need to Know

    Divorce is a challenging and emotionally charged process, requiring careful consideration and resolution of various legal and financial matters. One critical aspect that often arises during divorce proceedings is property division.This encompasses a broad range of...

    How to Choose the Right Divorce Lawyer for Your Case

    Divorce is an emotionally challenging and legally complex process that marks the end of a significant chapter in one's life. When facing the dissolution of a marriage, it’s crucial to have the right legal representation by your side. A skilled and experienced divorce...

    Domestic Violence Restraining Orders

    A domestic violence restraining order is issued by the court and serves to protect someone from physical harm, continued mistreatment, or the threat of abuse. Such orders are often issued to family members or a member of the household. However, they can be filed...

    Important Information on Child Custody

    When it comes to family law, child custody is one of the most sensitive and emotionally charged issues. Deciding who will have legal and physical custody of a child can be challenging for everyone involved. It's a complicated process that requires careful...

    What You Should Know About Military Retirement Pay

    In a United States Supreme Court case, Hisquierdo v. Hisquierdo, the Court noted that federal employee deferred compensation benefits may be governed by federal law when applying conflicting state laws related to community property, so as to prevent “major damage” to...

    The Link Between Domestic Violence and Child Custody

    Domestic violence can include physical, verbal, emotional, sexual, and psychological actions. Other actions, such as threats or coercive behavior can also be considered domestic violence. Without a knowledgeable domestic violence attorney, it can sometimes be...