Marital Rights

[Music] To marital rights involving gifts of trust assets or gift of marital assets can get a bit tricky if you're in California work community property state and by definition anything you acquire during your marriage meaning if you buy a house once you're married the presumption is is that that house is community property and each spouse has the right to give away their half of the community property to somebody who's not their spouse but they can't give away all of it and sometimes you'll see situations where a spouse attempts to give all of the house to a family member or a friend and tries to exclude the other spouse that simply can't happen under our marital rights laws and our community property rights laws the surviving spouse has the right to recover their half of any community property that somebody attempts to give away or that somebody has actually given away another good example is if a spouse takes cash out of your community property bank account and puts it into a separate bank account that's in joint tenants with somebody else the spouse can give away their half of the community but not your half the community so you would have a right to go to that bank account with a court order and clawback your half the community property assets it's not necessarily an easy thing to do you do have to go to court you do have to get court orders but you definitely have a right to your half of the community property you also have a right to all of your separate property that can be a little tricky if you haven't kept it separate and you do have a right to receive that if for some reason it somebody is trying to give it away and give it away from you so that's a little primer a little something on the basic of community property rights in California Albertson and Davidson is here to help you fight for your inheritance check out al Dave law comm for our complete library of helpful legal videos and articles from your favorite California trust and we'll litigation law firm Albertson and Davidson LLP.