By the time someone is contemplating a divorce, or has already started the process, they have become familiar with the term community property. California is one of the nine states that uses community law principles when dividing the marital estate. For that reason, it is critical that you seek the assistance of an attorney that possesses a nuanced understanding of community property principles and its many intricacies.
Family Code 760 defines community property as “…all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property.” In other words, anything acquired during marriage is likely to be an asset in which each party has an equal 1/2 interest. If analyzing the characterization of property ended here, every case would be straight forward and you wouldn’t need an experienced lawyer. However, each marriage brings with it a unique set of facts and complications. Things are not always as clear-cut as one would like. Often the acquisition of property, or payments made on that property during marriage, come from various sources. What happens when one spouse owned property before marriage and money earned during marriage helped pay down that property? Or the property was sold and then the proceeds used to purchase a new property during marriage? Those are the type of facts that can easily complicate an otherwise simple division.
Family Code Section 770 provides that separate property includes (1) All property owned by the person before marriage; (2) All property acquired by the person after marriage by gift, bequest, devise, or descent; and (3) The rents, issues, and profits of the property described in this section. As previously mentioned, the complication usually exists when community property and separate property are commingled or enmeshed, blurring the lines of who is entitled to what. A variety of complicated legal issues arise in analyzing if either spouse is entitled to reimbursements or credits related to their separate property asset or contributions.
Clemens | Warren, L.L.P. has handled matters involving every property issue that can arise. Call today for assistance with your matter.
