8 April 2014 0 Comments

Community Property s. Separate Property

ShareWhat’s ours? What’s mine? While a couple is married and accumulating property, little thought is given to whether their property belongs to one spouse or the other, or to both of them. But once a couple is considering divorce or has already filed one, the question of who gets what becomes a priority. One of […]

6 February 2013 0 Comments

Community property versus separate property

Share 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, […]

8 June 2012 0 Comments

Personal bank account and divorce

Share I have been asked if a bank account that was kept separate from the couple’s joint account is considered community property. Community property includes all earnings during the marriage and anything acquired with those earnings.  Separate property includes any gifts or inheritances acquired prior to a marriage and maintained as separate property. Property purchased […]

25 October 2011 0 Comments

What is equitable distribution?

ShareEquitable distribution does not always mean a completely even division of assets. Upon the dissolution of a marriage, many factors are involved when determining how property is equitably distributed between the couple.  These include for each partner: ·     Length of the marriage ·     Income ·     Contributions made to the marital property ·     Age, health and […]

14 July 2011 0 Comments

Divorce and inheritance

ShareI have been asked time and again if an inheritance received before a divorce has to be divided equally.  This subject comes up when the couple starts dividing their assets.  It has to be decided if an inheritance is separate property or a marital asset. This subject can be unfair especially if the money came […]

19 May 2011 0 Comments

What are inter-spousal gifts?

ShareDuring a marriage, gifts are given to each other for various reasons that include birthdays, anniversaries, Valentine’s Day and just because. During divorce, couples may fight about these very gifts that were once given in love.  Gifts between spouses can become problematic when you live in California, a community property state.  It must then be […]

3 May 2011 0 Comments

Is an inheritance community property?

ShareA reminder for those of you who have received an inheritance before you married or even after you married.  California divorce laws state that an inheritance is generally considered an individual’s separate property.  It continues to state that an inheritance “may remain separate property even if deposited in a joint bank account.  It must be […]