Law Office of JANICE MUNOZ
Arrange your
free initial consultation
310-870-1093

How inheritances can become marital property

In addition to being a time of emotional turmoil, divorce can also leave one on a financial precipice. For this reason, property division can be an extremely important and hotly contested divorce issue. Although many of these issues can be resolved through settlement negotiations, sometimes the matter is heard before a judge. Regardless of how one approaches marriage dissolution, though, he or she will need to know the law and how it applies to their situation in order to proceed in a way that protects their best interest.

One critical thing to understand is how inheritances are treated in divorce. Many Californians inherit property from relatives when those relatives pass away, so it would seem logical that they, and they alone, retain that property. Under California law, this is basically true. The property inherited will be considered separate property in the event of divorce, although that individual will bear the burden of proving that the property was meant to be passed to him or her and him or her alone.

However, there is a major caveat to this general rule. When an inheritance is comingled, then it becomes marital property subject to equal distribution amongst the spouses. Comingling occurs when the inherited property is somehow mixed with shared assets or the other spouse's assets. This most often occurs when inherited money is deposited into a joint checking account.

Those who are facing property division issues in a divorce need to ensure that they are doing everything to protect their financial interests. This can be done a number of ways, which may include a pre-nuptial agreement, a post-nuptial agreement, or simply putting forth evidence showing that inherited property was kept separate from marital property. To learn more about what can be done to protect one's assets, he or she can speak with an experienced family law attorney.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Contact

Our High Asset Divorce, Debt Negotiations Law Firm

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

CALL 310-870-1093

Arrange your free initial consultation with The Law Office Of Janice Munoz by
calling 310-870-1093 or sending an email message.

Law Office of Janice Munoz
707 Torrance Blvd Suite 220
Redondo Beach, CA 90277

Phone: 310-870-1093
Fax: 310-802-6401
Redondo Beach Law Office Map