Does my spouse have the right to my inheritance in the event of divorce?

Discussion in 'Estate Administration & Probate Court' started by debbi, Nov 26, 2007.

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  1. debbi

    debbi Law Topic Starter New Member

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    I have an inheritance coming soon and with my marriage on rocky grounds right now, I'm wondering if he'll have a right to those funds? I have also inherited a 1/4 share of vacation property that we will be selling, we've been paying taxes and insurance on this property for several years, does he have a right to that money when it sells?
     
  2. seniorjudge

    seniorjudge Super Moderator

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    It depends on how you handle the inheritance.

    Consult a lawyer in your state for exact guidelines on assuring that you won't have to share.

    There is no 100% guarantee about this (or, for that matter, anything else in life), but you can take steps to protect yourself.
     
  3. prometheus399

    prometheus399 New Member

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    If you live in a communitty property state I thought the law was very clear on this: separate property (the inheritence) remained separate and would not be part of any divorce settlement (unless you comingled the separate property with community property to the point that they were indistingusihable).

    This is what I understood to be the case in California. Am I incorrect?
     
  4. lwpat

    lwpat Moderator

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    You are correct. You need to be sure to keep the property completely separate. One good way is to place it in a trust.
     
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