In an inherited house considered to be community property?

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In an inherited house considered to be community property?

In a community property state a couple with 3 children is considering divorce.The husband’s mother (while the couple was married) passes away. She leaves her home to her son (the husband) as part of her estate. Is this house considered a joint asset to be divided (should they divorce) or is it considered to be separate property owned solely by the husband?

Asked on July 1, 2015 under Family Law, California

Answers:

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

Answered 5 years ago | Contributor

In a community property state, property that is inherited during marriage is typically treated as seperate. This is because no community funds were used and/or co-mingled regarding the acquisition of the house. Consequently, it would remain the husband's sole property. However, if community funds were co-mingled as to the maintenance, etc. of the house, then the wife might be entitled to certain monies. For example, if community assets were used to add an addition to the home. In such a case, the wife would be entitled to reimbursement of her share of community assets used, plus receipt of an equitable share of the resulting appreciation.

For more specific information, you should consult with a divorce attorney in your area. They can best further advise you.


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