If I inherit from my mother, does that inheritance become joint property? 11 Answers as of February 21, 2013

I am married but don't have a prenuptial agreement. And in case I divorce, can my husband get any of that money? Thank you.

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Law Office of Patricia A. Simmons
Law Office of Patricia A. Simmons | Patrica A Simmons
An inheritance is considered separate property. However, there are criteria that you must abide by to ensure that the funds remain your sole and separate property.
Answer Applies to: California
Replied: 2/21/2013
Law Ofices of Edwin K. Niles | Edwin K. Niles
As a general rule, inherited property is separate property, on which your spouse would have no claim. However, if it is commingled with community property, it might lose it's separate character, so be careful. Keep it separate.
Answer Applies to: California
Replied: 2/21/2013
Irsfeld, Irsfeld & Younger LLP | Norman H. Green
Inheritances are separate property. But if you commingle it with community property, you may be risking it. So, don't deposit any of it in joint accounts.
Answer Applies to: California
Replied: 2/20/2013
Norman Reitz | Norman Reitz
The inheritance comes to you as separate property. Unless you comingle it with your husband he has no right to the property on divorce. In our law practice we often set up a separate inheritance trust for a person like you so that the inheritance is clearly kept separate.
Answer Applies to: California
Replied: 2/19/2013
Law Offices of Frances Headley | Frances Headley
Your inheritance is your separate property and so long as you do not commingle it with community property your husband will have no claim to it.
Answer Applies to: California
Replied: 2/19/2013
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    You are advised to seek out an estate planning attorney and have a trust set up for yourself only, and have the inheritance paid into your trust only, so as to maintain the character of separate property, and in your truest you will need to specifically name the people you do not want to inherit.
    Answer Applies to: California
    Replied: 2/19/2013
    Gateway Legal Group | Christian J. Albut
    Inheritance is separate property. However, you must keep and treat it as separate property. Do not place the money into joint accounts or commingle with any other property that is held jointly. That would be the only way to get any of those funds if a divorce was filed.
    Answer Applies to: California
    Replied: 2/19/2013
    Danville Law Group | Scott Jordan
    In California, any property you inherit is your separate property. In the case of divorce, your separate property remains yours to keep. By mindful, though, that if you commingle your separate property with community property, it can very easily become community property, which can be divided in divorce. So, if you inherit property, be sure to keep it in your name only or in a separate bank account in your name only. You can also obtain a post-nuptial agreement spelling out what is separate and what is community property.
    Answer Applies to: California
    Replied: 2/19/2013
    James Law Group
    James Law Group | Christine James
    If you keep it separate and dont mix it with your community property it will remain separate.
    Answer Applies to: California
    Replied: 2/19/2013
    Neal M. Rimer, Esquire
    Neal M. Rimer, Esquire | Neal M. Rimer
    Property received during marriage that is from a gift, devise, bequest, or inheritance is the separate property of the recipient. Just do not commingle those assets with community assets and they will stay separate.
    Answer Applies to: California
    Replied: 2/19/2013
    Doland & Fraade | Michael Doland
    As long as you dont co-mingle the funds with community funds (e.g. in the same bank account) then no, money received from inheritance is separate property.
    Answer Applies to: California
    Replied: 2/19/2013
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