Right Inheritance

The right to reside in the matrimonial home and the right to a financial settlement at the termination of marriage are the two distinct rights which are underlying the marriage contract. It is noted that women will choose to leave economic advantages during divorce settlements to obtain sole custody of their children.

A Member's spouse uses the Spousal Waiver Form to waive his/her legal right to pension benefits after the Member's death. If the Member wishes to select a form of pension that doesn't provide income to his spouse after the Member dies, then the spouse must complete this form prior to the Member's retirement.

You can use a prenuptial agreement to protect any assets you possess before entering into the marriage, including an inheritance. Inherited property is one of the assets many people agree isn't really a marital asset as long as it hasn't become part of the community property in the marriage.

Negotiate a postnuptial agreement. Negotiate a divorce. Explicitly disinherit your spouse in your will and trust, understanding that your spouse will still be entitled to his/her community property share or Right of Election share.

If you and your spouse cannot reach an agreement between you and the court needs to decide how your finances should be divided, your spouse is entitled to a fair settlement even though they have cheated.

A waiver of service or summons means that a party voluntarily enters a lawsuit without requiring the opposing party to serve them with a summons and petition.

This insures the inheritance rights of their children from prior marriages in their respective estates, without having the estate reduced by the share given to the surviving spouse under the laws of intestacy.

Inheritance is Considered Separate Property It's also considered separate property under California law. This means that it is yours, and yours alone, if and when you get a divorce. Your spouse will have no ownership rights to that inheritance.