Will I Have to Give Up My Inheritance After a Divorce in CA?

When couples get divorced, they are often worried about the various assets that may be at stake. The property division process in California does, at times, leave both spouses feeling as though they’ve gotten the short end of the stick. While your home, car, and other assets may be a top priority, you may also wonder whether you will have to eventually give up your inheritance as well. Please continue reading and reach out to an experienced Los Angeles divorce attorney from Zitser Family Law Group, APC to learn more about whether your inheritance will be a part of your divorce and how our firm can help you through each step of the process ahead. Here are some of the questions you may have:

How do I know if I will get to keep my inheritance in a divorce?

When courts in California divide property between spouses, they will do so in a way that they consider is fair and just. First, they will break each spouses’ property down into two categories: community property and separate property. Typically, assets accrued during the course of a marriage are considered community property, and assets acquired before or separate from the marriage are considered separate property. In most cases, an inheritance given from one family member to another is considered separate property, and, therefore, will not become part of the property division process. However, there are certain cases where an inheritance may become marital property. For example, if both spouses jointly hold a bank account and one spouse deposits the inheritance into that bank account, it may become marital property. If you believe your inheritance is at stake, our firm is here to help. All you need to do is give us a call.

Will I have to use my inheritance to make child support/spousal support payments after my divorce?

Typically, if you got to keep your inheritance during your divorce, you most likely won’t be required to use it towards support payments after your divorce. That being said, if it is found that you are neglecting to make these payments in accordance with your divorce settlement, courts can transfer funds from your inheritance to help pay child support or spousal support. If you have any further questions about property distribution in California or you need an experienced Los Angeles division of assets attorney on your side, our firm is here.

Contact our experienced Los Angeles firm

Divorce and family law issues are notoriously complicated and personal, which is why you must hire an attorney with years of experience, as well as the compassion and skill needed to handle these sensitive matters. For the qualified, dedicated legal representation you and your family deserve and need, contact Zitser Family Law Group, APC today.

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