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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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My husband and I have been married 7 1/2 years, the last 5

Customer Question

My husband and I have been married 7 1/2 years, the last 5 years in the state of California. Two and a half years ago he bought a home for us using the money he received from his mothers estate when she passed 6 or so years ago, as well as some other funds to make up the difference (all cash purchase, no mortgage)
My question: would the law see the home as inheritance and therefore not common property between us ; that is, his alone - or - would it be viewed as common property in the state of California?
At the closing for the property, he wanted only his name on the title. I relented. Thank you.
Submitted: 7 months ago.
Category: Family Law
Expert:  Samuel II replied 7 months ago.


This is Samuel and I will discuss this and provide you information in this regard.

Community property is generally property acquired by either spouse during the marriage. This includes income received from work, property bought during the marriage with income from employment, and separate property that a spouse gives to the community. A spouse retains a separate interest in property acquired through inheritance or a gift. Now, if your spouse had placed your name on the title, then the purchase even though it was done with his inheritance would be considered marital property and be subject to community property distribution under the CA laws.

As it stands, since your name was not place on the title and you did not contribute any money to the purchase and only his inheritance was used for the purchase, it is considered his sole separate property and non marital property.

Please let me know here if you have other questions or need clarification. Otherwise a Positive rating ensures i get credit for my time.