• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Inheritance and marital property

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

ca-newbie

Junior Member
What is the name of your state (only U.S. law)? CA

My spouse is about to inherit a hefty sum of money from the soon to be deceased dad. It may sound callus to mention before it happened but this will be a blessing for him as he is in a vegetative state for the past year or so.

Anyhow, we, as a family with no kids, are not doing too great, considering the downturn in the real estate market. and can use this type of money to reduce the mortgage burden and be able to refinance with better terms. The other day my spouse said something that really bothered and baffled me. My spouse does not want this money or any part of it to go into the mortgage and mentioned keeping the money in a private account instead of the common family account we have.

I also have a bad feeling that a divorce is looming in the horizon but since I am the main bread winner of the house, it is on hold by NOT my decision even though this was not told to me in clear words.

If a divorce happens, after dad passes away and leaves his children the money, is this money inherited included in the division of equitable assets of the marriage or does it solely belong to my spouse ?
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? CA

My spouse is about to inherit a hefty sum of money from the soon to be deceased dad. It may sound callus to mention before it happened but this will be a blessing for him as he is in a vegetative state for the past year or so.

Anyhow, we, as a family with no kids, are not doing too great, considering the downturn in the real estate market. and can use this type of money to reduce the mortgage burden and be able to refinance with better terms. The other day my spouse said something that really bothered and baffled me. My spouse does not want this money or any part of it to go into the mortgage and mentioned keeping the money in a private account instead of the common family account we have.

I also have a bad feeling that a divorce is looming in the horizon but since I am the main bread winner of the house, it is on hold by NOT my decision even though this was not told to me in clear words.

If a divorce happens, after dad passes away and leaves his children the money, is this money inherited included in the division of equitable assets of the marriage or does it solely belong to my spouse ?
It belongs solely to your spouse. Inheritances remain separate property.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top