Under California law, when a couple divorces, each spouse is entitled to one-half of all assets accumulated during their marriage.
If an inheritance is involved, that is not included; a gift of inheritance is considered separate property and is not required to be shared. Separate property is something acquired by either party before the marriage.
Dividing community property is a complex issue, especially if separate property is obtained by one of the parties. If one of the parties received an inheritance during the marriage and used it as a down payment for a marital home, it becomes known as ‘mixed property’ (a combination of community and separate property).
When two people say “I do”, they believe it is forever. No one knows if the marriage is going to end in divorce. When there is separate property involved, it is wise to keep it that – separate from marital money or assets. Do not deposit your money into a joint account. When it comes to dividing community property, the situation can be complicated.
If you and your spouse are contemplating divorce, contact a qualified Orange County Family Law attorney who will set the record on how to divide property.
