Divorce and property division in California-Part II

22 May Divorce and property division in California-Part II

The end of a marriage can become very tricky. Not only are there negative emotions to be dealt with during a divorce, but also there are financial matters, such as payment of child support, alimony, and other property division matters. California is a community property state which means that everything that a couple bought during the time they were married belongs to the community.

For instance, if a spouse bought a car with their savings, then the car would be considered community property. This is because the savings would be considered community property since the savings were made during the time the couple were married. In California, a spouse is a 50 percent owner of community property. So, any property owned by a married couple will be divided according to this law.

Quasi-community property is property that was obtained by the spouses when they were living in another state and would have been regarded as community property if the couple had been residents of California. For example, if a couple bought a car while living in New York got divorced in California, the car would be treated as community property. Also, the money that the couple earned while living in New York would be regarded as community property.

Separate property is any property that a couple owned before they got married. Also, the gifts that one spouse received or any inheritance that one spouse had received would be regarded as separate property. When one part of property is separate and another is community, then that is referred to as commingled property.

Source: California Courts, “Property and Debt in a Divorce or Legal Separation,” Accessed on May 14, 2015

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