Divorce

California Divorce…Dividing Property.

States are different when couples divorce and the property is divided.  So what is property in a divorce, which gets what?  California is know as a community property state, when couples divorce.  This means that everything that was gained together in the marriage is now separated equally in the divorce.  It is divided right down the middle.  Means all debt and property gained will be divided evenly between the spouses in the divorce.  So what is considered community property in a divorce in California, not everything gained by each couple is.  So here is a list of what is considered to be community property in a divorce in California. 
  1. Anything that you had before the marriage, that you acquired separately is not considered to be community property in a divorce.  It can be even debt along with certain property that you had before you ever meant this person to be married and then divorced.
  2. If you had a separate income before you were married, from an investment, you can even still be receiving money from this property or investment before the divorce, as long as you had it before you were married, *AND* did not mingle that money together with money gained together in the marriage.  If you have, in the divorce, your spouse may take half of that.
  3. If there is property gained from inheritance from family even during the marriage, anything that is inherited can usually not be taken in a divorce, as long as you don’t sell the inheritance or if it is money, it is not again mingled with money that you both have brought in together in the marriage.  If it has been again your spouse can take half of that in the divorce.
 It is always important even if you think you will never get a divorce, to at least keep both of your separate property separate, it can still be enjoyed by both if you never divorce, things do happen, a person does need to think of their future.  Divorces happen. In a divorce it is always important to have records of everything before your marriage and during your marriage.  Property you had before and even debt, which you had before and gained in the marriage.  This not only helps the divorce process go smoother, but allows you to know what is yours and have proof of that during the divorce.

 

Posted: Feb 29 2008, 06:47 AM by Divorce | with no comments |
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