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I wanted to know, In California if the husband inherited a portion (1/4) of property which he was bought out of in December, also seperated from his wife in December, then proceeded to take everything from the home and put it into 3 vaults in someone elses name ('hidden'), and then was told by his attorney a few months later to buy a house immediately would the house be untouchable like the attorney is claiming? It is inherited money but it still would be bought during the marriage. I don't think the attorney was right in advising the husband to buy property whether it is just in his name or his mothers ('hidden' to be transferred back later). I think waiting a few more months until the divorce is final would be smarter because then it would be very clear where the money was and that is was inherited. Would that mean anything bought during this seperation time (flat screens, ps3's, games, dvds, etc) be considered married property?
In the state of California, an inheritance is the "sole and separate property" of the heir. It doesn't matter whether the heir is married or not. Even though California is a Community Property state, an Inheritance is not part of the marital estate and is not divisible under the Community Property Laws. Butte-Silver Bow LONG Butte-Silver Bow THE INHERITANCE IS KEPT Butte-Silver Bow THE NAME OF THE HEIR ALONE. If the heir deposits money into a joint account, or puts someone else's name on a Deed then it becomes Community Property and is subject to division under Community Property. Anything purchased with separate inheritance money is still the sole and separate property of the heir.
I don't know how inheritance is treated in CA, but in Butte-Silver Bow inherited money is the property of the inheritee. And if the money trail can directly correlate with the inherited money, it it the inheritee's property. So the money (or anything bought with the money) doesn't have to be split during a divorce. It belongs to the person who inherited it. You could probably do an online search to find the states that protect inherited money and property. But the fact that the attorney is directing this person to buy a house seems suspect. If the money by state law, is the husbands, then buying real estate should be unnecessary. If the money needs to be protected somehow, it sounds like that is the direction the attorney is leaning. And if that is the case then anything that is purchased with inherited money is up for division as well.
I'm sorry that you have such a nasty husband. Please remember that he can say all he wants about having the children taken away, but the custody decision will be made by a judge. When the social worker submits a report that after the divorce proceedings started, three anonymous calls came in that the children were being abused, and no evidence of abuse was found, the judge will know that it was your husband who made the anonymous calls. They see this all the time. When he waves around pictures of you co-sleeping, he will find out that the state of Texas looks down more upon controlling men who photograph women in bed that upon women who comfort a child. The next time that child protective services visits, tell them that your husband is getting more aggressive and controlling, and you fear for your safety and your children's safety, and is there somewhere safe you can go. Good luck. It won't be easy, but it will be over soon.
LIm in Australia but if I was you I would be very careful and at least get a second opp ion I would have thought once he has title it would go into the settlement were with the money he can put it somewhere and say it was received after the Split this is a hard one and one you shouldn't rush into as the cost could be hugh and to the one person he doesn't want it to go to so good luck
Now why would you think that the dummies who actually answer questions on Yahoo would know more than an attorney? Also, if this is not about you......Butt out since it is really none of your business....DUH!!!
It has to be a "legal separation".