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Health & Fitness

WILL MY SPOUSE TAKE MY INHERITANCE IN A DIVORCE?

Ask Roxy is a public service blog from the Law Offices of Roxanne Sher Olson (www.roxanneolson.com).  Roxanne is an attorney in Santa Cruz, CA.  Email your questions to askroxy@roxanneolson.com


So, Great Aunt Martha left you the vineyard and now your spouse wants her half so she can take that Maui vacation she always wanted…with her new boyfriend.

I have good news and bad news.

It is a beautiful sunny day here in Santa Cruz so we’ll start with the good news:

In California an inheritance is classified as “separate property” and not “community property.”  Community property is shared equally by the spouses and, for the most part, divided equally in a divorce.  Separate property belongs to the spouse that owns it and is technically not subject to division in divorce.   But lawyers have to make their money and in divorce all of the fun is in picky exceptions and creative reimbursement strategies.  (Any lawyer who tells you that the fun part is figuring out the least painful way to divide the kids time between two houses is clearly not me.)


TO READ THE REST OF THIS POST AND MY LEGAL DISCLAIMER GO TO WWW.ASK-ROXY.COM.







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