Saturday, November 19, 2011

Am I entitled to half of the house my husband inherited during our marriage in California?

during divorce is the house half mine, legally? it is paid for and was inherited by my husband after his mother died|||You would be entitled to one half the interest in the payments made by the community. Example. House half paid for. Your community pays off the other half. You would get your worth from half of the half. Any value inherited, it is your husband.|||It depends on how long you have had it, how long you lived together in it, what type of title it is, and what adaptations you made to it as a couple.





Typically, inheriteted items are not community property (half husband's/half wife's. But it could hinge on the above questions.|||Nope it is separate property owned entirely by him.|||Absolutely NOT! You have no legal right to it whatsoever in California or any state.|||No, you aren't.You are entitled to half of what the two of you accumulated through joint effort. If you stayed home to raise the kids, then you are entitled to half of what he has accumulated since you got married, through his work.





Inheritance is not the result of joint effort, so you have no claim to it. Get it?





EDIT: 'Rebel' does make a good point about putting joint money into the property, length of ownership, etc. Otherwise, what is bequeathed to him is his, not yours.|||Probably not. Community property does not include property acquired by gift, devise or bequest unless it is subsequently comingled with community property. So, if you lived in it together, and used community money to pay the taxes and maintenance and such it could have become community property but it started out, when he inherited it, as separate property.|||only if your name is also on the house. if not, then no.|||i would say it depends on the timing of the will. if your mother-in-law wrote her will before you two were married, then i would say no. but if she listed him to receive the house AFTER you married, then maybe.|||In California, inheritance is the "sole and separate" property of the heir. It is not subject to the community property laws since it is a separate asset and not a marital asset. So, the short answer is no, you are not entitled to any of it.

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