If I put my inheritance into mine and my spouse’s living Trust, are the funds considered co-mingled, community propery or separate property?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I put my inheritance into mine and my spouse’s living Trust, are the funds considered co-mingled, community propery or separate property?

Asked on November 18, 2011 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Oh boy.  I think that you know that inheritance is generally thought to be separate property in a divorce.  But once there is evidence of an intention to make the money or property marital property - such as depositing money in to a joint bank account or placing your spouse on the deed to real property - then the courts can consider it marital property for distribution.  Does the living trust by any chance address the money as separate or does it just lump it in to the rest?  I think that you may need to speak with an attorney in the area on the matter here as soon as you can.  Good luck to you.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption