Banta, CA Divorce Law Firms & Lawyers

First things first. You need to retain an experienced divorce lawyer to advise and represent you. It's more than worth the investment. I can speak with confidence on this: I have represented many people who did DIY divorces and then needed to try to remedy the consequences later. The question of who gets the house can be decided by agreement between the two of you which is almost always best. If the wife cannot pay the mortgage, then (a) she might get the house and you would have to pay her maintenance to be sure the payments are made; or (b) you get the house and the remaining mortgage, but you may have to pay her the one-half of the equity to which she is presumptively entitled. Good Luck and get a good lawyer.

I don't think the key concern is her having or lacking access to the inheritance. It is whether she has any rights to it. The answer is most places is that an inheritance is separate or individual property. So it belongs to you. There are some very rare exceptions, but that is the general rule. If you have not retained an experienced family law attorney, today would be a good time to find one.