First of all, I should note that, as always, Google Answers provides
general information and is not a substitute for professional legal
advice. If you need professional legal advice, you should contact a
qualified attorney in your area.
The answer to your question is "no."
Property inherited by one spouse is NOT community property in
California. Inherited property is "separate property," so even if you
and your wife were domiciled in California, you wouldn't need her
approval to sell it.
"Separate property" is defined in Section 770 of the Family Code.
Inherited property is specifically mentioned in 770(a)(2) as property
acquired by "bequest, devise or descent."
"770. (a) Separate property of a married person includes all of the
(1) All property owned by the person before marriage.
(2) All property acquired by the person after marriage by gift,
bequest, devise, or descent.
(3) The rents, issues, and profits of the property described in
(b) A married person may, without the consent of the person's
spouse, convey the person's separate property."
"find california code"
I hope this helps. If anything is unclear, please let me know via the
"request clarification" feature. Thanks.
Request for Answer Clarification by
08 Nov 2005 13:16 PST
Thank You Juggler...then is the family code saying that the 1/2
property that I acquire through the probate court process without a
will written by my brother and I am given it based on the fact that I
am his only surviving relative, would that be considered by "bequest,
devise or descent"...Which one would it be? Technically, it is not
inherited, right, but awarded me by the court...and awarded (don't
know if that is the right word) it after marriage?...Let's say that I
was bound by the California law, would I be exempt due to the fact
that I reside in Florida.? Thank You.