Inheritance and Divorce
Dividing your marital property during a divorce can be very frustrating. Your spouse may be claiming items you considered your property, and you may not know what to do about it. Property and money which you have inherited can be particularly frustrating to lose. While you may think this couldn’t happen, the fact is that inheritance gifted to one spouse can become community property in some circumstances, which means your spouse may be able to make a claim to it during the divorce.
If you’re worried about what could happen to your inheritance during your divorce, contact the San Jose divorce attorneys at the Law Office of Daniel Jensen, P.C. by calling 408-296-4100 today.
Who Owns Inheritance?
To understand how your spouse could have a claim to your inheritance, you need to understand the two types of property within a marriage. They are:
- Community property. This is property which is owned by the marriage collectively, rather than the spouses as individuals. Property or real estate purchased during the marriage is considered to be community property, as are joint bank accounts held by the couple.
- Separate property. Unlike community property, separate property is owned individually. Property owned prior to the marriage is usually separate property, as are gifts given to the individuals in the marriage, such as inheritance. However, separate property can be transmuted into communal property in a number of ways.
While inheritance starts as separate property, there are a number of actions which can turn it into communal property. If your spouse has routine access to inheritance money, has paid tax on the inheritance, or has invested in any inherited property, he or she may have a claim to that property.
Contact Us
The laws surrounding inheritance during divorce can be confusing, and it can help to have a divorce attorney on your side. If you are going through a divorce and have any questions about your inherited property, contact the San Jose divorce lawyer, Daniel Jensen, of the Law Office of Daniel Jensen, P.C. today by calling 408-296-4100.
