If I put my inheritance into mine and my spouse’s living Trust, are the funds considered co-mingled, community propery or separate property?
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If I put my inheritance into mine and my spouse’s living Trust, are the funds considered co-mingled, community propery or separate property?
Asked on November 18, 2011 under Family Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Oh boy. I think that you know that inheritance is generally thought to be separate property in a divorce. But once there is evidence of an intention to make the money or property marital property - such as depositing money in to a joint bank account or placing your spouse on the deed to real property - then the courts can consider it marital property for distribution. Does the living trust by any chance address the money as separate or does it just lump it in to the rest? I think that you may need to speak with an attorney in the area on the matter here as soon as you can. Good luck to you.
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