What is NOT Community Property in California?
Under California law, generally assets and debts acquired by either spouse from the date of marriage through the date of separation is presumptively community property and is subject to the divided equally between the two spouses if they divorce. There are exceptions to this general rule making certain assets and debts as separate property belonging to only one spouse.
Assets that are likely to be characterized as separate property include the following:
- Assets acquired before marriage or after separation
- Payments to one spouse from a will or trust
- An inheritance given to only one spouse
- Gifts given to only one spouse
It is important to remember that an asset that would have been considered “separate” property can become intermingled with community property in such a way that it is not possible to separate it out. An experienced family law attorney can help to trace and identify the property at stake in your divorce and its characterization to preserve your fair share.
Contact Cardwell Steigerwald Young, LLP
The esteemed San Francisco family law attorneys at Cardwell Steigerwald Young, LLP are standing by to help provide legal assistance in any of your family law needs. Contact our office today to begin discussing the nuances in your own case.
Source:
selfhelp.courts.ca.gov/divorce/property-debts
