Sometimes it can be hard to understand what property is considered ‘community’ in a California Divorce and what is not. Here are some helpful guidelines:
- assets that were purchased during the marriage (from the date of marriage to the date of separation) are usually considered ‘community‘ property even if only one person’s name is listed as owner or the one who pays for the property
- debt that is acquired during the marriage (from the date of marriage to the date of separation) is likewise usually considered ‘community‘ debt even if only one person used his/her credit card to make the purchase
- an inheritance received by one party is NOT considered ‘community‘ property; a discussion with one of our Divorce Attorneys will make this determination clear
These rules seem simple enough, but in the real world they can be confusing. An example of this would be a purchase of a home before the marriage by one party & title remains in her name only, but the other party pays for renovations to the house after the marriage. In this case, the division of the asset in a Divorce would need to be apportioned as to percentage of community & separate property.
However, if title was changed to joint names, the presumption would be that the real estate is community property and in most cases the original owner would get her down payment back.
Another example of confusion with ‘community’ property rules would be the purchase of a car during the marriage. If one person purchases the car and pays for it, the car may still part ‘community‘ property and, as in any asset, would have to be apportioned.
A thorough consultation with one of our experienced Divorce Lawyers will make clear the division of property in your specific case. From our offices in Los Angeles County, we help people throughout California. We can be reached at 1-800-HELP-444 (1-800-435-7444) or visit our website for more information www.LegalActionWorkshopLaw.com .
Leave a Reply