Property Division
California is a community property state. This means the most property acquired during the marriage will be split equally between the husband and wife. But it can be complicated. Issues arise regarding:
- Debts incurred during the marriage
- Assets obtain during the marriage
- Residences purchased prior to marriage, but mortgage payment made during the marriage
- Residences purchased with a down payment from a relative or an inheritance
- Bank Accounts where separate money and community property money have been “commingled”
If property is not community property, then it is separate property. Separate Property includes:
- Property receive by inheritance/will/trust
- Property received as a gift to one party
- Property acquired before marriage
- Property acquired after the date of separation