Can my husband use his inhertiance before his father passes, and it not be considered as community property in a divorce?

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Can my husband use his inhertiance before his father passes, and it not be considered as community property in a divorce?

Divorce – Parent sold property in Clear Lake, CA, and the proceeds were
given to my husband. We are going through a divorce. He is living on
these dollars, but his father is still living. Is this inhertiance? Or a gift?

Asked on November 9, 2017 under Family Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It doesn't matter if this money was given to your husband as an inheritcance or a gift, as both qualify as the sole and seperate property of the spouse to whom it was given. So unless this money was in someway comingled with marital assets, it is your husband's to keep.


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