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LegalGems
LegalGems, Attorney
Category: Estate Law
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Is inherited property subject to community property laws in

Customer Question

is inherited property subject to community property laws in California
Submitted: 1 year ago.
Category: Estate Law
Expert:  LegalGems replied 1 year ago.
My goal is to provide great service - if you have any questions, please ask. A follow up consult with a personal attorney is always recommended. A few minutes please as I look into this for you.
Expert:  LegalGems replied 1 year ago.
770. (a) Separate property of a married person includes all of the
following:
(1) All property owned by the person before marriage.
(2) All property acquired by the person after marriage by gift,
bequest, devise, or descent.
(3) The rents, issues, and profits of the property described in
this section.
(b) A married person may, without the consent of the person's
spouse, convey the person's separate property.
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=00001-01000&file=770-772
so according to subsection 2, inherited property is the heir's separate property.
This can change if it is commingled- i.e. mixed with community property to the point that no tracing can be done, or if real estate is purchased with the proceeds and community funds are used to pay down the loan, or the deed is in both spouses' names.
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Expert:  LegalGems replied 1 year ago.
Here is a link to locate an attorney:
http://apps.americanbar.org/legalservices/findlegalhelp/home.cfm
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