Granite Bay Division of Property Attorney
What Is Involved in Determining Marital Property Division in California?
Community property acquired during a marriage or
domestic partnership is defined by the state of California as property acquired or earned by
either or both parties. Separate property is any property that was attained
in the form of inheritances or gifts and can also include damages from
personal injury actions. Additionally, any earnings that are acquired
after a legal separation are categorized as personal property.
- To divide property after a divorce, the following must be done:
- All assets need to first be categorized as either separate or community property
The specific date of the
legal separation must be noted
- All assets must be evaluated either by the couple or the court
It is essential to keep track of your own belongings and protect them from
commingling with community property. During the marriage, if one spouse
earned a pension, part or the entire amount may be considered community
property. However, it is crucial to ask a lawyer for attention to this
matter since the pension must be joined and then divided.
WHAT IS THE DIFFERENCE BETWEEN COMMUNITY AND SEPARATE PROPERTY?
Community property exists between a married couple or domestic partnership.
It can include anything that can be bought, sold, or has value, such as
houses, vehicles, furniture, bank accounts, pension plans, 401(k) plans,
a business, etc. When you separate or get a divorce, the court decides
how this property will be divided. The marriage or registration of a domestic
partnership is an agreement to make two people one legal “community.”
Any property or debts that couples acquire during the marriage or partnership
belongs to the both of them equally.
Separate property is what you and your partner owned before marriage or
registration for a domestic partnership. The rent, profits, or other earnings
you make from these properties are part of your separate property. Inheritances
and gifts to one spouse, even during the marriage or domestic partnership,
are also considered separate property.
Some things can be considered separate and community property. When these
two become mixed together, it is called “commingling.” When
property is part separate and part community, it can get very complicated
when it comes to dividing it.
Are You Facing a Divorce in Granite Bay? Call (916) 634-0067.
Division of marital property can be a very difficult and involved process
since there are usually a lot of assets that are attained during a marriage.
At Myers Family Law, our
Granite Bay divorce lawyers are proud of our extensive experience in all aspects of family law in
Placer County and Sacramento County, including in matters of the division
of marital property. We have the knowledge and aggressive approach necessary
to represent you in the most compassionate, caring and professional manner.
Call Myers Family Law at (916) 634-0067 to discuss your rights when it
comes to property division. Schedule your
low-cost 30-minute consultation today.