Property Division in a California Divorce

One big concern for couples going through a divorce in California is how to divide their stuff. California follows a rule where things you get during your marriage are usually seen as shared things, even if they're in just one person's name. This means they might get divided when you divorce or separate, even if only one person's name is on them. This rule applies to many things like:

• Dividing Debts in a California Divorce
• Dividing Employee Stock Plan Accounts in a California Divorce
• Dividing Household Items in a California Divorce
• How to Divide Community Property in a California Divorce
• How to Prove Your Separate Property in a CA Divorce
• Options for Dividing the Family Home in a California Divorce

Separate vs. Community Property in a Ca Divorce:

How property is divided depends on its character. There are two types of character, separate property and community property. Separate property belongs to one spouse, and community property belongs to both. Whether the property is separate or community mostly depends on when you got it. If you received property before you got married or after your date of separation, it is your separate property. This includes the money you earn after you separate, although you may be required to pay support based on your earnings after you separate. Gifts or inheritances are separate property even if received while married. Any increases to the value of the separate property during the marriage, including any appreciation, profits, or rental income, is considered separate property, even though the increased value occurred during the marriage. All other property received during the marriage is community property and divided equally between the spouses. This includes the salary you earned while you were married because California views marriage as a partnership.

Talk to an expert California Family Law Attorney for help:

You can talk to an experienced California Family Law Attorney who knows a lot about this stuff. Some divorces can be really tricky, so it's not a great idea to figure out how to split things all by yourself. Getting help from someone who knows what they're doing can be a big help.

Also, sometimes couples do things with their stuff that's different from the usual rules, or they agree to change the rules with a special agreement before they get married. If your situation is like this and you're not agreeing on what to do with your things, it's smart to talk to a California Family Law Attorney who knows all about it, especially someone from TheCompleteDivorce.