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.

The Importance of the CFLS Designation

A Certified Family Law Specialist, or CFLS, is an attorney who has obtained certification in the standards of California family law and demonstrated optimal legal competence. Attorneys who obtain this certification have specific expertise in all aspects of family law, which includes divorce or the dissolution of marriagechild and spousal support, child custody, and temporary restraining orders, among other areas of emphasis.

Not every attorney practicing family law has obtained this certification. In fact, the designation remains relatively rare—there are fewer than 2,000 CFLS attorneys in California and fewer than 200 in San Diego.

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

            

FL-150 Forms – What you need to know

A frustrating but mandatory part of the divorce process in California is completing financial disclosure forms. One of these forms is the Income and Expense Declaration (FL-150), which requires both the Petitioner and Respondent to detail their earnings and spending. ...

Who gets inheritance money after a divorce?

Here are examples of community property and separate property:

Child custody schedule options and examples

When you are in a proceeding to decide how to share the custody and visitation of your children, many decisions must be made by you and the other parent on how you will co-parent your minor children. If you are unable to reach an agreement, the court will make a...

What’s worth fighting for in a divorce?

Here are examples of community property and separate property:

San Diego domestic violence resources

As in other counties in California, San Diego has resources you can contact to help you in a domestic violence case. A nd a dedicated family law and divorce attorney can help you legally enforce your separation from an abusive partner.

Military spouse benefits after a divorce

It is important to discuss all these topics with the military spouse divorce attorneys you retain to help guide you through the dissolution of your marriage. Military family law can be complex when it comes to divorce.

What not to post on social media during your divorce

Anything you post on social media during a divorce can, and likely will, be used against you in your dissolution proceedings. It is extremely important to avoid posting about getting divorced on all your social media profiles because anything that can be construed...

Helping a friend through divorce isn’t easy

A person going through a divorce is often dealing with the loss of time with their kids, a portion of their retirement, their house, and even relationships with their in-laws.

Child custody during the divorce process

There are two types of custody: legal and physical.

El Centro, California becomes the newest site for the Law Office of JWB Family Law

El Centro is the newest location for JWB Family Law, specializing in divorce, property division, child and spousal support, and more.