If my wife inherited a nice sum of cash and property from her mother’s estate last year, do I have any rights to any of it?
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If my wife inherited a nice sum of cash and property from her mother’s estate last year, do I have any rights to any of it?
She has the cash is in a bank in her name.
Asked on January 20, 2012 under Family Law, Texas
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you live in a community property state such as CA, community property is property acquired during marriage which includes income during marriage. Each spouse has a one half interest in community property, but this does NOT apply to an inheritance which will be discussed below.
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. Your wife's inheritance is her separate property and you would NOT have any claim to her inheritance because it is her separate property.
If you don't live in a community property state, other rules may be applicable.
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