what happens to over seas assets

[omairkha]

What is the name of your state (only U.S. law)? ca

Hello. I was wondering what happens to land/property/money inherited outside the USA in the case of a divorce/separation.

thank you for your help.

 

[Zigner]

Generally, inherited assets are not considered marital property.
We would need more facts to give any more of an answer.

 

[seniorjudge]

We cannot tell you about the laws in other countries.

 

[omairkha]

hello, thank you for the replys. Some more information: I live in california and will get married here and live here. I will inherit some property, land, and money overseas. I wanted to find out what will happen in the unlikely event that I get divorced. So are you saying that it depends on the laws of the country where the property is even though the marriage and divorce did not occur there? or does california divorce law have some jurisdiction over overseas inheritance?

Thank you

 

[seniorjudge]

hello, thank you for the replys. Some more information: I live in california and will get married here and live here. I will inherit some property, land, and money overseas. I wanted to find out what will happen in the unlikely event that I get divorced. So are you saying that it depends on the laws of the country where the property is even though the marriage and divorce did not occur there? or does california divorce law have some jurisdiction over overseas inheritance?

Thank you

Okay...this is a completely different question than the first one you asked...kind of.

It is possible that you may allow your spouse some interest in the property after you are married. Your spouse may claim some of that in a lawsuit. Whether the spouse gets something no one knows.

And the foreign country may or may not recognize a US judgment in a lawsuit.

 

[Bali Hai]

hello, thank you for the replys. Some more information: I live in california and will get married here and live here. I will inherit some property, land, and money overseas. I wanted to find out what will happen in the unlikely event that I get divorced. So are you saying that it depends on the laws of the country where the property is even though the marriage and divorce did not occur there? or does california divorce law have some jurisdiction over overseas inheritance?

Thank you

This is the best free advice you will ever get:

DO NOT GET MARRIED!!!

 

[seniorjudge]

This is the best free advice you will ever get:

DO NOT GET MARRIED!!!

Or, if you do get married, get a prenuptial agreement.

You and your intended must each get your own lawyer.

 

[mistoffolees]

Or, if you do get married, get a prenuptial agreement.

You and your intended must each get your own lawyer.

I'm confused. If she inherits property, it is her separate property unless she mingles it with marital property. Therefore, from a legal perspective, does it really matter if she has a prenup?

Admittedly, having the prenup might save some fighting in the future over what is and isn't separate property, but I thought it wouldn't change the facts - that the inheritance is separate unless she makes it marital by mingling it.

 

[seniorjudge]

A prenup is good for this reason:

...[H]aving the prenup might save some fighting in the future over what is and isn't separate property...

 

[Bali Hai]

I'm confused. If she inherits property, it is her separate property unless she mingles it with marital property. Therefore, from a legal perspective, does it really matter if she has a prenup?

Admittedly, having the prenup might save some fighting in the future over what is and isn't separate property, but I thought it wouldn't change the facts - that the inheritance is separate unless she makes it marital by mingling it.

That's not all you're confused about. Nowhere does OP say what their gender is.