If my husband’s home is owned by a Trust since it was an inheritance and we separate or divorce, am I entitled to half or will it be a problem because the home is not in his/our name?

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If my husband’s home is owned by a Trust since it was an inheritance and we separate or divorce, am I entitled to half or will it be a problem because the home is not in his/our name?

Or will I get half because we share the same last name and are married? How can I get half of the home if he stays in the home? The home is paid off.

Asked on December 28, 2015 under Family Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Community property is property acquired during marriage.  Each spouse has a one half interest in the community property.
Separate property is property acquired before marriage or after the marriage ends.  A spouse has no claim to the other spouse's separate property.
An inheritance is separate property whether it occurred before marriage, during marriage or after the marriage ends.  Therefore, since the house is your husband's inheritance, you have no claim to the house because it is his separate property.


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