California, dividing property in a divorce.
We have discussed that every state is different in how it handles divorce and also dividing property in divorce. California is referred to as community property in a divorce, and that means you gained it during the marriage, and when you divorce everything is split right down the middle. So what is not considered to be community property in a divorce? Here I am going to give you a list of what is not community property, but what can make it community property in a divorce, if not handled the right way.
1. If you had any assets before you were married, these are to be separate property in the divorce. But here is the key, you must keep it separate from community property in the marriage, like if it is money, do not commingle it.
2. Now if you also have an income that is separate, before the marriage, say an investment, and you did not put any of the money gained from this investment with any community money, did not commingle it as referred to…community money is money usually made from your jobs and put together in a bank account together. If you have not mixed any of this money with your marital money and kept it in a separate bank account. If not they can count it as community property, so you want to keep things separate.
3. Now if you are to inherit property during your marriage from family, most of the time this is looked at as separate property. And most the time be considered your property you can take very easily in your divorce. Again as long as you have not combined any marital property with the property you inherit. Again this can result in a community property. Sometimes it is good to keep things separate. If you never divorce they can still be enjoyed by both of you, but if things do end in divorce, you have a few safe things.
Remember when you are getting a divorce, it is so very important that tell your divorce lawyer all the history of property, inheritance and investments; even if things have been combined together and you can prove that your spouse was wanting to take you in the marriage through divorce, you can get your property back….It can be a very tough fight, but you can possibly get it back...again finding the right divorce lawyer is important, and keep all your records!