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In a common law marriage, if one spouse receives and inheritance or gift, does the other spouse have any claim or right to a share of the inheritance or gift?No. Property received by gift, devise or descent is that person’s separate property as a matter of law. Property owned by a party prior to marriage is also separate property as is compensation for personal injuries, other than lost earnings. However, any income produced by that separate property is considered community property. Any increase in the value of the separate property is an inherent part of that property and remains separate. If the separate property is in the form of cash, it should be segregated in a separate account and not comingled with community funds to avoid tracing problems in the event of a divorce.
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