Q: Inheriting real property from probate

A: Under California law, community property generally refers to assets acquired during marriage, but inherited property is considered separate property unless commingled with community assets. If you inherit property and want to ensure it remains separate, it's important to clearly state this intention.

In your situation, where you want the deed to list all owners as joint tenants, you can include a clause in the deed specifying that the married individual's share is to be held as their sole and separate property. This can be done by adding language such as, "Jane Doe, a married person, as her sole and separate property," to clarify the intent.

To combine these specifications in the deed, you would draft it to include all beneficiaries as joint tenants, while clearly indicating that the married individual's interest is to be maintained separately. Consulting with an attorney experienced in real estate and probate matters can ensure the deed is correctly worded to protect everyone's interests.

A: Thank you for your question!

1. The property that is obtained through heritage is separate. In California, the tracing method is used for the classification of the properties as community or separate. When tracing back the source of the property (here it is heritage), comes from a separate property, the property itself is separate. So, even if the phrase "as his sole and separate property" was not added to the deed, the character of the separate property does not change in your case.

2. A spouse can benefit directly or indirectly from the separate property of the other spouse under some circumstances (regardless of there was the language of "as his sole and separate property").

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you consult with an attorney for more details.