Step 1: Is The Asset Community Or Separate Property?

Community property is that which was acquired during the marriage and before separation with community property funds. The location of the property rarely matters. It’s the “when” and “how” that matters the most in determining whether something purchased during the marriage is community property.

Separate property is that owned before the marriage or acquired by gift, inheritance, will and similar non-community forms during the marriage. Separate property is each and every kind of property owned before the marriage or acquired by gift, inheritance, through a will and other forms during the marriage.

Separate property, with some exceptions, belongs 100% to the spouse who acquired it.

Community property is generally divided equally.

Sound easy? Unfortunately, it can get complicated when separate and community property are commingled. Commingling can take place when separate property money is put into a community property asset or visa versa, when the title to separate or community property changes, when the source of funds to purchase property can be community or separate and there are arguments both ways, post date of separation efforts placed in a community asset (such as the family business) and many more scenarios. This affects how real estate, businesses, bank accounts and other property is divided.

Farzad Family Law are experienced and knowledgeable divorce lawyers. Call or email us today and we will help you understand whether your martial assets are community or separate property and how it should be divided.

Warmest Regards,

B. Robert Farzad
Orange County Divorce & Family Law Attorneys
1851 E. 1st Street, Suite 1150
Santa Ana, CA 92705
Telephone: (714) 937-1193
Facsimile: (714) 937-1192

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