In inheritance law, understanding the difference between community property and separate property is essential—especially in states like California, where community property laws apply.

Community property generally includes assets acquired during a marriage. Both spouses legally own this property equally, regardless of whose name is on the title. When one spouse dies, their half of the community property is distributed per their will or, if no will exists, according to state law.

On the other hand, separate property refers to assets owned before marriage, or those received as gifts or inheritance by one spouse. These assets typically stay with the original owner and are passed on according to the terms of their estate plan.

Complications arise when assets are commingled—like using separate funds to buy a jointly titled home. In probate, disputes often occur when heirs believe certain property should be treated as separate, while others argue it’s community.

At Approved Inheritance Cash, we understand how legal distinctions like these can slow the inheritance process. If you’re waiting for a distribution that’s tied up in disputes over property classification, we may be able to offer a probate advanceso you don’t have to wait for court resolution.