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.