A few options may be available to you in terms of preventing your property from going to your soon-to-be former spouse in a California divorce case. First, avoid commingling your property. Keeping your bank accounts separate from the beginning of your marriage could safeguard your individual earnings and assets. Avoid mixing your assets and trying to separate them later, as this can get very complicated.
In general, one spouse’s inheritance (as well as gifts given to one spouse) will remain separate property during a marriage in California. An exception exists, however, if you assign joint ownership to your spouse, such as you both signing your names on a vehicle title. The best way to avoid your inheritance going to your spouse is by keeping it separate. Deposit your inheritance into a personal, non-joint account. This will keep it separate property rather than it joining the community.
Do not purchase anything that is for both you and your spouse with your inheritance money. This could lead to it becoming part of the community property. For example, if you receive a home as an inheritance, sell it and purchase another property with your spouse using the money from the sale, the home will become community property. It may then be impossible for you to separate and keep 100% of the inheritance in a divorce.
If losing your inheritance is something that concerns you, work with a Solana Beach family attorney to create a prenuptial or postnuptial agreement that protects your individual assets. Your spouse will be obligated to follow the terms of a valid prenup/postnup during a divorce in California. Even without this safety net, however, a divorce lawyer could help you safeguard your inheritance and other assets. Contact an attorney right away for assistance with your divorce in Solana Beach.