Divorce can be a complicated process, especially when it comes to dividing property and assets. One common concern is how inheritance is treated during a divorce. Will your ex have a claim to your inheritance? The answer depends on several factors, including when you received the inheritance and how it was managed during your marriage. At Kendall Gkikas & Mitchell, LLP, we’re here to help you understand your rights and protect your assets as your trusted divorce lawyer in Los Angeles CA.
How Inheritance Is Classified in California
California is a community property state, which means that most assets and debts acquired during a marriage are considered joint property and are divided equally in a divorce. However, inheritance is treated differently under the law.
- Separate Property: Inherited assets are generally considered separate property, meaning they belong solely to the person who received them. This is true whether you inherited the property before or during your marriage.
- Community Property: Inherited assets can become community property if they are commingled with marital assets. For example, depositing inheritance money into a joint bank account or using it to purchase or improve a jointly owned home can complicate its classification.
The distinction between separate and community property is crucial in determining whether your inheritance is subject to division and a skilled divorce lawyer in Los Angeles CA can help with this.
Protecting Your Inheritance During Divorce
To ensure your inheritance remains separate property, it’s essential to take steps to protect it. Here are some common strategies:
- Keep Inherited Assets Separate: Avoid commingling your inheritance with marital assets. This means keeping inherited funds in a separate account that is solely in your name and avoiding using the funds for joint expenses or investments.
- Maintain Detailed Records: Document how you acquired the inheritance and how it was managed. Records such as a will, trust documents, or account statements can help demonstrate that the inheritance was intended solely for you and has been kept separate.
- Consult a Divorce Lawyer: A knowledgeable divorce lawyer in Los Angeles CA can help you trace and protect your inheritance. If commingling has occurred, your attorney can work to establish which portions of the inheritance should be classified as separate property.
Contact Kendall Gkikas & Mitchell, LLP for Inheritance Protection in Los Angeles CA
Navigating property division in a divorce can be challenging, especially when inherited assets are involved. At Kendall Gkikas & Mitchell, LLP, we understand the complexities of California family law and are committed to protecting your rights. Whether you’re concerned about commingling, tracing inherited funds, or disputing your spouse’s claim to your inheritance, contact us today at 909-482-1422 to schedule a consultation with an experienced divorce lawyer in Los Angeles CA. We’ll work with you to protect your assets and ensure a fair outcome.
