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[Eidepards]

live in calif. married for 32+ years. spouse received an inheritance during marriage. we jointly paid taxes on the addt assets but now its not part of the community property?

 

[I AM ALWAYS LIABLE]

live in calif. married for 32+ years. spouse received an inheritance during marriage. we jointly paid taxes on the addt assets but now its not part of the community property?

My response:

The general rule that marital acquisitions are community property is displaced when the manner of acquisition is by gift or inheritance is money or 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)]

However, for purposes of a property division at dissolution or legal separation, any acquisition by the spouses during marriage in "joint form" (even if by gift) triggers the Ca Fam § 2581 community property presumption. Absent a writing evidencing separate property characterization, the gift at most becomes a reimbursable separate property contribution (Ca Fam § 2640). [See, e.g., Marriage of Martinez (1984) 156 Cal.App.3d 20, 28, 202 Cal.Rptr. 646, 651-652 (disapproved on other grounds in Marriage of Buol (1985) 39 Cal.3d 751, 763, 218 Cal.Rptr. 31, 39, fn. 10)]

But, if Community Property funds were used toward payment of taxes on the assets, the Community Marriage has then made a gift to the separate property recipient's tax liability. As such, the Community will not be reimbursed without a writing to the contrary.

IAAL

 

[Eidepards]

hey thanks for responding so quickly. had to reread the response but it gave me sound information. one less mistake in life! now i know