Do I Share in My Husband's Inheritance of His Mom's House?

Updated 5/21/2024

Question

My mother-in-law left her house to my husband when she died. My husband says the house belongs to him alone. But doesn't it belong to both of us since we live in a community property state?

Answer

Although "share and share alike" is the general philosophy of community property law, inheritances are treated differently. They belong solely to the beneficiary of the inheritance. So, unless your mother-in-law specified in her will or trust that she was leaving the house to both of you, the house belongs to your husband alone.

Learn more about community property in Marriage & Property Ownership: Who Owns What?

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