Advocating for Your Interests in Community Property Division
In California, once two people get married, all property in either spouse's name is classified as either separate property or community property. If the couple gets divorced, community property — but not separate property — normally gets divided between them.
At the Diamond Law Firm in Los Angeles, our attorneys are experienced at untangling separate and community property in order to pursue positive results for our clients. Contact us to schedule a free consultation with one of our knowledgeable divorce lawyers.
Understanding Which Assets Fall Into Which Category
Generally, any property that belonged to you before you got married is your separate property. Most types of property acquired by either spouse during the marriage are considered community property. However, there are some exceptions, including:
- Inherited money or property
- Social Security benefits
- Rent and income from separate property
Once all of the community property is identified, the basic approach is to arrive at a total value for the community estate and then divide it on a roughly 50/50 basis. However, it is possible to deviate from an equal division when there is a good reason to do so.
It is important to remember that along with assets, debts are also classified as either separate or community and must be taken into account in the overall property division process.
Helping You Avoid Commingling of Separate Property
One major issue when characterizing property in a divorce case is the commingling of separate property so that it becomes community property. This can happen when you place separate funds in a bank account where they are indistinguishable from community funds.
Our attorneys will advise you on what steps you can take to protect your separate property and correctly identify community property for division in your divorce case. Contact us to discuss any questions or concerns you may have about California community property law.
