If I inherited money from my mother’s Trust and now my husband and I are getting divorced, will he be able to have any claim to my inheritance?.

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If I inherited money from my mother’s Trust and now my husband and I are getting divorced, will he be able to have any claim to my inheritance?.

After she passed away I invested the money in a long term stock.

Asked on February 18, 2015 under Family Law, California

Answers:

Bruce Provda / Provda Law Firm

Answered 6 years ago | Contributor

He should have not right  to any inherited funds unless you comingled the accourt.  That means if you took the money and put it in your joint checking or savings account.  If you kept  the money in your name only then it will not become part of the assets  in divorce. 

Anne Brady / Law Office of Anne Brady

Answered 6 years ago | Contributor

So long as you kept the money separate, and there was no other money in that stock account, you should be able to keep all of it.  California, like Arizona, is a community property state.  That means that any money earned during the marriage is community property.  Once exception is inheritance.  So long as the money from an inheritance is kept separate and not comingled with community funds, it remains the separate property of the person who inherited it.


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