Inherited money in a community property state

He is working on his PhD. Out of 11 years of marriage, he has only had a full time job for 3 of those years. Most of the time he had no job. He says he wants to be fair and all that, but someone brought up the inheritance question and his step dad let me know that the question had come up, even though STBX did not mention it to me.  I am not counting on child support at this point, but $30k would sure help me start my new life.  The $2k I have right now won't go far.  But in the end, I am just glad to be out of a mentally abusive relationship and if I get nothing, it will still be worth it.

If you two are living off that money then it is definitely a co-mingled asset now and you would be entitled to half.

His child support won't be calculated on how much money he has in the bank, it will be by what he earns, and if he is a "student" then he will be assessed at your state's minimum wage level. Which, will be next to nothing so don't expect to be able to live off of it - it will barely pay an electric bill...and he can't be forced to get a job...

 

"research" - is he saying he is trying to get his master's degree?

We were living off that money. Every 3 months he would take some out and put it in savings. He has no job, I work part time. He will not leave the house because he says he cannot get a job because he is in school (he is not taking classes, just doing his research once in a while). If it went to court, could he be forced to at least pay child support out of that money? It hardly seems fair that he get the house AND the money.

Generally, inherited money is not something a spouse is entitled to.

Now you can argue that he comingled the funds by putting your name on the CD's and you MIGHT get a portion (not half) BUT since it was not actually spent, just put into an investment - a judge may see it differently. There is an argument that is valid for both sides.

If you get any is going to come down to the entire asset/debt scenario and what it takes to make the split equal & just. Mind you, this is equal and just BEFORE factoring in the inheritance.