High Net Worth Divorce Law Firm in the OC for Cases Involving a Source of Money Other Than Ordinary Income

Many high-net-worth couples have accumulated their wealth from sources other than ordinary income. Whether one or both spouses brought family money into the relationship or one (or both) received a substantial inheritance during their marriage, dealing with this type of scenario requires a unique approach, and our Orange County high net worth divorce lawyer has particular experience handling these types of cases.

For spouses seeking to protect family money or an inheritance during their divorce, generally speaking, California law is on your side. While divorcing spouses are required to divide their shared estate under the state’s “community property” law, this law has two major exceptions:

• Assets owned by either spouse prior to their marriage are not subject to division as community property; and,
• Assets that one spouse acquires by inheritance during the marriage are not subject to division as community property.

But, there are caveats and conditions that can make protecting assets under these exceptions difficult, especially for spouses in high-net-worth couples. As a result, hiring Irvine high asset divorce attorneys who have specific experience in these types of divorces is extremely important, and spouses must be able to document the source of all assets that they wish to protect as separate property.

Documenting the Source of Assets that Quality as Separate Property

In order to protect an inheritance or family money acquired through other means as separate property, it is necessary to clearly document the source of these assets. If you have a trust, the trust’s governing documents will be a good start, and you will need to try to collect records of all disbursements from the trust as well. This includes disbursements prior to and during your marriage.

If you received assets directly through inheritance, you will need to collect the relevant records from the administration of your family member’s estate, and it may be necessary to request documentation from the probate court or your loved one’s personal representative. Our divorce lawyers can handle much of this process for you, and we will work with you one-on-one to ensure that we have everything we need in order to protect your assets in your divorce.

Identifying Assets that Qualify as Separate Property in California

One particular challenge that many high-net-worth spouses face in these types of scenarios involves identifying the assets that qualify as their separate property. If you use separate property to acquire new assets during your marriage, these newly-acquired assets also qualify as separate property. For example, if you use funds from a trust to purchase personal or real property during your marriage, these items should be yours to keep.

However, commingling separate and community assets, using separate assets to improve community assets (i.e. using trust funds for a home renovation), and various other issues can create complications—and potentially convert separate property into community property that is subject to division in your divorce. As a result, in order to ensure that you retain all assets to which you are legally entitled, you will need to work with an experienced Irvine or Orange County high net worth divorce lawyer.

Schedule a Confidential Initial Consultation at Our Irvine Office

If you have questions about protecting your assets and would like to speak with an Orange County high net worth divorce lawyer, we encourage you to get in touch. To schedule an appointment at your convenience, call us at 949-474-0800 or contact us online today. 

Common Questions About Inheritance and Source of Funds Disputes in an Orange County Divorce

Is an inheritance received during the marriage community property?

No. Property received by gift, bequest, devise, or descent during marriage is separate property, and so is anything that can be traced to it. The label, though, is the easy part. The contested question is almost always whether the inheritance is still identifiable after years of ordinary financial life, because the moment inherited money is deposited into a joint account, used to pay a community mortgage, or invested alongside earnings, the separate character has to be proved rather than assumed.

What happens if inherited money was deposited into a joint account?

It does not automatically become community property, but the burden shifts to the spouse claiming it. That spouse must trace the separate funds through the account, showing from the records that separate dollars remained available and were the source of the asset now claimed as separate. Where deposits and withdrawals are extensive and the records incomplete, the tracing fails and the presumption favoring community property controls. This is a documentation problem far more often than a legal one, which is why the reconstruction of the account history is the case.

What if inherited money was used for the down payment on the family home?

The spouse who contributed separate funds to the acquisition of community property is generally entitled to reimbursement of the amount contributed, without interest and without a share of the appreciation, unless there was a written waiver. So a separate down payment on a jointly titled home typically comes back as a dollar-for-dollar reimbursement rather than as a proportional ownership interest in a home that has since doubled in value. That distinction is worth understanding before the contribution is made, and it is a frequent source of surprise at dissolution.

Can a separate property business or investment become partly community?

Its increase in value can be. Where a spouse devotes labor during marriage to a separate property business or asset, the growth attributable to that community effort, as opposed to growth attributable to the asset itself, belongs to the community. California uses two competing apportionment approaches depending on whether the growth was driven mainly by the spouse’s efforts or mainly by the character of the investment, and the choice between them can move the number substantially. Passive appreciation on an inherited portfolio, by contrast, remains separate.

About the Firm

Seastrom Tuttle Murphy Dockstader is a family law firm in Irvine representing clients throughout Orange County, and in Los Angeles County. The firm practices family law exclusively. Its attorneys include Fellows of the American Academy of Matrimonial Lawyers and of the International Academy of Family Lawyers, and attorneys certified as specialists in family law by the State Bar of California Board of Legal Specialization. Call 949.474.0800 to discuss an inheritance or separate property tracing issue with the firm.