If my husband’s home is owned by a Trust since it was an inheritance and we separate or divorce, am I entitled to half or will it be a problem because the home is not in his/our name?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my husband’s home is owned by a Trust since it was an inheritance and we separate or divorce, am I entitled to half or will it be a problem because the home is not in his/our name?
Or will I get half because we share the same last name and are married? How can I get half of the home if he stays in the home? The home is paid off.
Asked on December 28, 2015 under Family Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Community property is property acquired during marriage. Each spouse has a one half interest in the community property.
Separate property is property acquired before marriage or after the marriage ends. A spouse has no claim to the other spouse's separate property.
An inheritance is separate property whether it occurred before marriage, during marriage or after the marriage ends. Therefore, since the house is your husband's inheritance, you have no claim to the house because it is his separate property.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.