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Barrister
Barrister, Lawyer
Category: Family Law
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Experience:  Attorney with 16 years experience
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does inheritance money become community property in a marriage

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does inheritance money become community property in a marriage ?
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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No, with certain execeptions. As a general rule, any property acquired during a marriage is marital property subject to division in the event of a divorce. The two exceptions are inheritances and gifts to one person. However, if someone inherits money or property, they must keep it in their sole name and not add the spouse to the account or deed. If they do so, then it loses its separate property classification and becomes marital property.
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So as long as assets aren't commingled by being put in both spouses names or by beign deposited in joint accounts, they retain their separate properties and would remain the separate property of the one spouse.
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