Inheritance acquired during the marriage

Asked over 6 years ago - Graham, NC

inheritance acquired during the marriage,what does spouse get?

Additional information

pretty muc. Differnt if in one name? husband or wife? Can it be fought ??

Attorney answers (1)

  1. Janet Lee Brewer


    Contributor Level 17


    Lawyer agrees


    Answered . In California all property acquired during marriage is "community property" (property that belongs equally to both spouses) EXCEPT gifts, inheritances, and personal injury settlements (for example, amounts received to settle injuries suffered in an accident).

    Since California is among the more "generous" states in allocating property to the "other" spouse, and since even Calfornia would regard this as separate property - in other words, in California the spouse would be entitled to nothing - I presume that in North Carolina the answer would be "nothing unless the person who inherits decides to share the bounty".

    Of course, these laws vary by state, so you need to check with a lawyer licensed in the state where the donors (the persons giving the property) and the recipients (the persons receiving the gift) live.

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