Is the following legally correct: my husband says that I have no parenting rights as a step-parent; and our home, which was purchased with my inheritance, is community property? 

Question Details:

My husband says I have no parenting rights as a step parent to tell my step son what to do as far as chores etc. around the house. He has lived with us for 4 years already and is 17. I say I do. Also, the house we live in was bought and paid for directly from inheritance funds from the sale of my parents house after they both passed. There were also other monies I received directly from inheritance. He says according to CA law I have to split everything with him 50/50. I said I did not have to initially split any inheritance monies with him because it came directly from my parents.

Asked 11/22/2009 under Divorce, Marriage, Alimony | 179 View(s) | More Legal Topics

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Divorce, Marriage, Alimony Law Answers

As to your first issue, this isn't really a legal question; it's more of personal one.  This is something for you and your husband to work out amongst yourselves.  Step-parent or not, if this is your home and someone is living there for an extended period of time, then you should be well within your rights to ask for help with thing such as chores, etc.  Again, however this is a matter to be worked out between you and your spouse.

As to your second issue, typically any inheritance is deemed separate, not community property.  Even if the inheritance is used to purchase other property.  However, to the extent that your husband has contributed to maintaining/repairing the house, then he would be entitled to reimbursement and a share in the property's increased value do to such contribution. 

Note: Separate property can also become community property in several ways, including the failure to maintain the property as separate, or commingling with marital property, in a way that is too complex or undocumented to trace back to its source. 

For a fuller explanation of your situation you should consult with a divorce attorney in your area.

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