My husband is part owner of a house.....

[TLPH]

What is the name of your state (only U.S. law)? California
My husband and i are seperated(not legaly) His grandfather passed away and left him 1/3 ownership in his house...I am aware if we devorice, I cannot tough the inheritance but.... If he sells this property, can that money be counted as community property?

[HappyWanderer]

I don't know what others here may know. But I suspect if the house is his, the money from the sale is his.

Unless it becomes hard to account for becase he puts it into a joint account or something. Then, no. Still, at least you have an argument then.

[HomeGuru]

Originally Posted by TLPH

What is the name of your state (only U.S. law)? California
My husband and i are seperated(not legaly) His grandfather passed away and left him 1/3 ownership in his house...I am aware if we devorice, I cannot tough the inheritance but.... If he sells this property, can that money be counted as community property?

**A: the answer is yes.

[HappyWanderer]

From a website found on Google (It looks legit to me.):

Property acquired during marriage by "gift, bequest, devise, or descent" (i.e., inter vivos or testamentary gift or intestate succession) is the acquiring spouse's separate property. [Ca Const. Art. I § 21; Ca Fam § 770(a)(2)]

(Bolding is mine)

Separate Property - General Concepts: Property acquired before marriage is the acquiring spouse's separate property, as is property obtained during marriage that can be traced to a premarital acquisition. [Ca Fam § 770(a)(1) & (3) ("rents, issues and profits" of SP are SP) Like community property, separate property does not lose its character as such by a mere change in form or identity.

Community Property - General Concepts: All property acquired during marriage and before separation, other than by gift or inheritance (Ca Fam § 770(a)(2)), is presumptively community property. [Ca Fam §§ 760, 771(a)]

How can the property described by TLPH be counted as community property?