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
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