Question about wife's inheritance ???

[Rhino1XL]

What is the name of your state? California

My wife (possible to be EX) inherited a very large amount of money from her deceased uncle about 2 years ago. We have been married for 4 years now, and things are "rocky" to speak kindly.
We live in California with our 2 children. My question is about the inheritance. It is in a trust, with her 2 sisters and 1 brother also on the trust. The inheritance is worth multiple millions.... about 5 to 6 million. The trust is paid out at a rate of 20% every 2 yers, so the total amount is paid out at the 10th year. (this is just how the trust is set up by the deceased) The paperwork that we recieve is fedex's to us with the title:

Mary Jane
A married woman as her sole and seperate property
1234 street
somewhere, CA 90210

What does "A married woman as her sole and seperate property" mean to ME here in the state of California.

This inheritance was given to us after we were married for 2 years (now married for 4 ).
If we get a divorce, do I have any legal ability to claim some (half) of her inheritance???

There is a total of 4 people on the inheritance..... my wife, her two sisters and one brother. Does this complicate things for me ??

Thanks,**************.. I know this is a complicated one.

RhinoWhat is the name of your state?

 

[CourtClerk]

What is the name of your state? California

My wife (possible to be EX) inherited a very large amount of money from her deceased uncle about 2 years ago. We have been married for 4 years now, and things are "rocky" to speak kindly.
We live in California with our 2 children. My question is about the inheritance. It is in a trust, with her 2 sisters and 1 brother also on the trust. The inheritance is worth multiple millions.... about 5 to 6 million. The trust is paid out at a rate of 20% every 2 yers, so the total amount is paid out at the 10th year. (this is just how the trust is set up by the deceased) The paperwork that we recieve is fedex's to us with the title:

Mary Jane
A married woman as her sole and seperate property
1234 street
somewhere, CA 90210

What does "A married woman as her sole and seperate property" mean to ME here in the state of California.

This inheritance was given to us after we were married for 2 years (now married for 4 ).
If we get a divorce, do I have any legal ability to claim some (half) of her inheritance???

There is a total of 4 people on the inheritance..... my wife, her two sisters and one brother. Does this complicate things for me ??

Thanks,**************.. I know this is a complicated one.

RhinoWhat is the name of your state?

It's actually not complicated at all....

It means that in the great ole State of California... you get NOTHING of that inheritance.

Inheritances are not part of community property, unless that is she comingled those funds with the marital funds, but whatever is in trust is hers all hers.

 

[CourtClerk]

What is the name of your state? California

The paperwork that we recieve is fedex's to us with the title:

Mary Jane
A married woman as her sole and seperate property
1234 street
somewhere, CA 90210

What does "A married woman as her sole and seperate property" mean to ME here in the state of California.

This inheritance was given to us after we were married for 2 years (now married for 4 ).

And just for clarification... in this situation there was no inheritance to "us" as it was left to:

Mary Jane
A married woman as her sole and seperate property

 

[Rhino1XL]

Can I claim it as part of her income??

 

[CourtClerk]

Can I claim it as part of her income??

Nope. Let me say this again so that you can understand it a little better. It's hers. It's not yours. You cannot claim not one single, solitary dime of this money. She will not be paying you spousal support off of it, you aren't getting it. Not at all.

 

[las365]

Jesus, no. It is her inheritance. It is not income. I hope she didn't co-mingle it and I wish she could see these posts and know that they are from you so she would know to kick you to the curb immediately.

Get a job.

 

[Rhino1XL]

I make 10 TIMES more money than she does.

Job****************************.. got that

Education****************************.. got that too

Big house, in an exclusive area code****************************...... got that one as well.

Free advice from man hating lesbos on this web site**************.... well, got what I paid for.

Thanks, I think.

 

[justalayman]

I make 10 TIMES more money than she does.

Job****************************.. got that

Education****************************.. got that too

Big house, in an exclusive area code****************************...... got that one as well.

Free advice from man hating lesbos on this web site**************.... well, got what I paid for.

Thanks, I think.

If you make so much money, why are you even concerned with her little pittance?

The way you state it, she is getting about $150k a year for 10 years. So that means you make about 1 1/2 mil a year.

Why bother?

 

[Rhino1XL]

I guess I'm angry. I've bought EVERYTHING for her. The houses, cars, vacations, jewlery, etc. She BARELY works..... 2 to 3 days a week. I work my "you know what" off for the big paychecks and she throws her inheritance in my face like she has something on me. Anger, and a big chunk of anxiety has everything to do with it.
I'm NEVER on a computer on saturday nights**************... this really has me rattled.

Thanks, I'm done.
Rhino1XL

 

[justalayman]

well, I guess as long as you let her rattle you like this, regardless of how much money you make, she has won.

 

[nextwife]

Unearned income that is regular CAN be counted when calculating CS or if you were fighting SS. It IS income to her, not you, and would go into a worksheet when determining each parties CS obligation, and it also would be income she gets if she were requesting SS from you.

 

[LdiJ]

Unearned income that is regular CAN be counted when calculating CS or if you were fighting SS. It IS income to her, not you, and would go into a worksheet when determining each parties CS obligation, and it also would be income she gets if she were requesting SS from you.

Its paid out every two years. That's hardly regular income.

 

[nextwife]

Its paid out every two years. That's hardly regular income.

If I get twenty five thousand EVERY two years, it's no different than a commercial RE agent who gets one or two very large commissions over two years and pays CS based upon annualized income. It is even less "regular" but still can be relied upon as an income source for CS purposes. This income is more reliable than that is, as there are not outside influences , such as zoning boards, DNR environmental factors, etc, that can impact whether the broker
s deal closes and he gets paid anything for a couple years work..

 

[CourtClerk]

Unearned income that is regular CAN be counted when calculating CS or if you were fighting SS. It IS income to her, not you, and would go into a worksheet when determining each parties CS obligation, and it also would be income she gets if she were requesting SS from you.

That is not entirely true... this comes directly from the California Judges Benchguide re: child support

Although proceeds from inheritances and gifts are generally not considered income for child support purposes (see s 201.26), interest, rents, dividends, or other forms of income actually earned from gifts and interitances are considered income in calculating child support (County of Kern v Castle (1999) 75 CA4th 1442, 1453 - 1454, 89 CR2d 874.

s201.26 speaks of exclusions from Income which include inheritances and states parent's inheritance is not income for purposes of calculating his or her annual gross income under Fam C 4058(a)(1), but may be considered under Fam C 4058(a)(3) to extent is has reduced parent's living expenses).

Seeing as if she gets a payout of a small amount every 2 years (and splits it with 3 other people)...this isn't going to be her only source of income.

 

[las365]

Man-hating lesbos? You are quite the charmer. By the way "you" have paid for everything using community property - your income. So in this case, what's yours (income) is half hers and whats hers (inheritance) is hers, as long as she maintains it as such. But her pittance of an income is half yours, so take heart!

Anyway, y'all, he didn't ask about child support. He barely mentioned the children in passing. He asked if he could claim half-ownership of her inheritance (the principal that is in the trust). Then he asked if he could claim half-ownership of the distribution she receives.

If he was asking whether her inheritance distribution would be considered in calculating what CS she would pay if he had primary custody and she paid support, then the income/CS stuff would be relevant, but I don't think it is. Whether she makes minimum wage or $100K/year wouldn't be relevant to what he is ordered to pay if he is the one who pays CS, is it? Because that would be based on his vast income.