Property division is often one of the most contested matters in a family law matter. In California divorce proceedings, property is divided into two types: community property and separate property.
Community property is generally anything acquired by either spouse during the marriage. Gifts to only one spouse or inheritances to only one spouse are the exceptions to this rule, and they are considered the separate property of the recipient. Absent an agreement to the contrary between the parties, community property is equally divided in California.
Separate property is generally any asset acquired prior to or after your marriage. Your separate property is yours to keep and generally does not need to be divided.
Although the definitions of separate property and community property may seem straightforward, California family law judges often have wide discretion in determining whether an asset is your community or your separate property, especially if community and separate assets are commingled during the marriage or if the character of certain property is changed during the marriage. To have the best chance of making sure that your property interests are resolved fairly, it is critical to have an experienced attorney on your side.
The Kurta Law Firm has over a decade of experience protecting clients’ assets and securing successful property division judgments. For more information about how you can protect your most valuable assets, call The Kurta Law Firm at (925)-385-8586 to schedule a consultation.