6 February 2013 0 Comments

Community property versus separate property

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In any divorce proceeding, the issue of how to divide marital property, assets and debts must be resolved.  In California, at the termination of a marriage, there must be an equitable distribution of the couple’s marital property, assets and debts.  Generally, community property is divided equally and fairly between the spouses.

As with assets, community debts are also divided and distributed between the parties in the dissolution of marriage.  If the debt was incurred prior to the marriage, it is considered a separate debt and is not a shared obligation.

Any property obtained before the marriage is considered separate property.  This includes property acquired by gift or inheritance during the marriage.  Separate property is not subject to division in a divorce, although the parties can always agree otherwise.

The couple is encouraged to reach an agreement regarding property division.  If they are unable to do so, the family court will make a final determination that must be abided by.

If you are planning on divorce, contact a skilled Riverside Divorce attorney who can evaluate your assets and help work out an equitable property division agreement between you and your spouse.

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