In an inherited house considered to be community property?

UPDATED: Jul 1, 2015

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In an inherited house considered to be community property?

In a community property state a couple with 3 children is considering divorce.The husband’s mother (while the couple was married) passes away. She leaves her home to her son (the husband) as part of her estate. Is this house considered a joint asset to be divided (should they divorce) or is it considered to be separate property owned solely by the husband?

Asked on July 1, 2015 under Family Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

In a community property state, property that is inherited during marriage is typically treated as seperate. This is because no community funds were used and/or co-mingled regarding the acquisition of the house. Consequently, it would remain the husband's sole property. However, if community funds were co-mingled as to the maintenance, etc. of the house, then the wife might be entitled to certain monies. For example, if community assets were used to add an addition to the home. In such a case, the wife would be entitled to reimbursement of her share of community assets used, plus receipt of an equitable share of the resulting appreciation.

For more specific information, you should consult with a divorce attorney in your area. They can best further advise you.

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 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.

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