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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11823
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Divorce questions for the state of California. California,

Customer Question

Divorce questions for the state of California.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: Been married 2 years we have an estate in both our names. This was done while we were married. He inherited money while we were married but put in all in the estate. Can I get any of this in the divorce?
Submitted: 5 months ago.
Category: Family Law
Expert:  socrateaser replied 5 months ago.


I am a member of the State Bar of California, the Bar of the U.S. District Court for the Central District of California (San Luis Obispo, Santa Barbara, Ventura, Los Angeles, Orange, San Bernardino, Riverside Counties), the Bar of the U.S. Tax Court, and the California and National Associations of Realtors.

By "estate," do you mean "real estate" (e.g., a home or rental property)?

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Customer: replied 5 months ago.
I meant we have a trust in the trust is a house and various investments, etc.
Customer: replied 5 months ago.
This isn't a real estate question a divorce question.
Expert:  Jim Williams replied 5 months ago.

This is a tricky matter because of how separate property sometimes gets mixed in with community property. In general the courts looks to see how easily it is to trace the separate property. So in your case based on the little facts that I see . . . if his inheritance is in the form of a bank account and that account is titled in the trust and you all have never put additional monies into it and/or spent from it after putting monies into it then it is most likely separate. Just need a few more facts to give you a complete answer.

Customer: replied 5 months ago.
The money came from all sorts of places and he placed into his Mom's trust and then into his account and then our joint account and then into our joint investments all in the trust. He also put me on the house.
Expert:  Jim Williams replied 5 months ago.

This sounds like it got significantly co-mingled. Let me know if you want to have a quick call to discuss in more depth.

Expert:  Jim Williams replied 5 months ago.

Hi. Did your question get answered to your satisfaction? If so, can you please rate me - it is the only way I get paid for my time. Thank you. Jim