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I inherited money during the marriage — is it split?

CAdeepwater1 month ago

My grandmother left me $40k. We kept it in a separate account. Is it community property?

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✓ Verified answer from a licensed attorney — shown first

Carmen Reyes avatarCarmen ReyesVerified Attorney1 month ago

In CA, inheritance to one spouse is separate property by statute (Family Code §770) — even if received during the marriage. BUT the protection lasts only as long as the money stays separate and identifiable. If you deposited the $40k into a joint account and groceries / mortgage payments came out of it, you may have 'commingled' and the burden shifts to you to trace the separate funds. If it sat in your own account untouched, it's clearly separate. If it got mixed, a forensic accountant can sometimes trace it — but the cost can exceed the amount in dispute. General info, not advice for your case.

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Please readThis is a community space for sharing personal experience — it is not legal advice, and posts here are not from Lawma or your attorney. We strongly encourage you to post under an anonymous handle, keep questions general, and avoid posting private details of your active case. For advice about your own situation, message your attorney.