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Am I entitled to half of my husbands inheritance that he receives?

Covina, CA |

MY husband left me and is due to receive a small inhertance from his mother. we have been married for almost 30 yrs. Am I entitled to any of it??

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Attorney answers 3



California is a community property state. You are entitled to half of any community property acquired during the marriage. That generally means money earned by either spouse, pension benefits, and the appreciation of property or investments you purchased with community funds.

Separate property includes inheritances and things a spouse owned before the marriage. A spouse's separate property belongs to him or her alone.

Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like this, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.


No. California law considers it his separate property.


No, inheritances aren't part of the "community" of "community property" that states including CA recognize. The community means income earned during the marriage (the community), and things from the earnings, like pensions. So you're entitled to 1/2 of his earnings, and he's entitled to 1/2 of yours, but inheritances are "separate property," which go to the spouse that is the heir.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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