Q: my parent died in August i am getting an insurance payout my husband wants it he kicked me out and restarted divorce ?

A: Any money received as a beneficiary would not be community property.

A: In order to ensure the best possible schedule, you need to consult with an attorney, at least in a limited role. Far too often, an individual leaves court disappointed because they weren’t properly prepared.

A: I'm so sorry for your loss and the difficult situation you're in. From a legal standpoint, whether the insurance payout is considered your separate property or community property depends on a few key factors under California law:

1. The source of funds used to pay for the life insurance policy. If the policy premiums were paid with your separate property funds, the proceeds would likely be considered your separate property. However, if community funds (money earned during the marriage) were used, the payout may be considered community property.

2. The named beneficiary on the policy. If you are the sole named beneficiary, you likely have a stronger claim to the funds as your separate property, especially if your parent set up the policy.

3. The date of separation. If you and your husband are legally separated, assets acquired after that date are typically considered separate property.

Since California is a community property state, there is a presumption that assets acquired during marriage are community property. However, inheritances and gifts are an exception and are considered the separate property of the recipient spouse.

Given the financial abuse and his actions in kicking you out and restarting divorce proceedings, it's advisable to consult with a family law attorney who can review the specifics of your situation and advise you on how to keep your inheritance protected as you go through the divorce process. Many attorneys offer free initial consultations.

In the meantime, keep the insurance payout funds in a separate account in your name only. Don't commingle them with any joint assets. Document everything and start gathering financial records that can help trace the source of the life insurance policy.

I know this is an overwhelmingly difficult time as you grieve the loss of your parent while dealing with divorce and abuse. Please don't hesitate to reach out to local domestic violence organizations for support services and legal advocacy as you navigate this. Wishing you strength and safety.