Divorce and Division of Property

 

 

 

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Division of Property and Money

California is among one of eight states that has adopted the community property laws to deal with division of marital assets and debts after divorce or separation. Thus, the understanding of the community property is required to understand how assets and debts will be divided after divorce.

Community Property 

Property acquired during marriage and prior to separation it is presumed to be community property. This means that unless the presumption is overcome by contradicting evidence the property will belong to the community which means each spouse will own 50% of the property.

Separate Property  

Property that is brought into the marriage is generally presumed to be separate property. This means that the property or money is presumed to belong to the spouse who brought the property into the marriage. Yet, depending on variety of factors a separate property can change its character to a community property during marriage. For example, a separate property that is commingled (mixed) with community property can change its character if such commingling shows an intent to gift the property to the community. Additionally, depending on a variety of factors an increase in value of a separate property- during marriage- can be itself a community property. This means that the increase may need to be divided 50/50. Thus, there is no fixed status as to character of property in states like California that recognizes community property laws.

Inheritance 

If a spouse receives an  inheritance, then the law will presume that the inheritance is the separate property of the spouse who received the inheritance. However, depending on a variety of factors this presumption might change. Generally, it is important to keep a separate property separate from a community property. Otherwise, it the law may change the character of the separate property.

Related Readings

Orange County Community Property Lawyers

Some of the cities we serve

  • Aliso Viejo Community Property Lawyers
  • Anaheim Community Property Lawyers
  • Costa Mesa Community Property Lawyers
  • Irvine Community Property Lawyers
  • Laguna Beach Community Property Lawyers
  • Laguna Hills Community Property Lawyers
  • Laguna Niguel Community Property Lawyers
  • Mission Viejo Community Property Lawyers
  • Newport Beach Community Property Lawyers
  • Orange Community Property Lawyers

Sabeti Law & Associates 

  • Family law attorneys in orange county 
  • Family law private mediation 

Tel: 949-326-2626

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