Is California A Community Property State
In California, a couple may decide during their marriage what happens to their assets and income.”What’s mine is yours, and what’s yours is mine.” But does California law likewise handle marital property in this manner? Couples should remember this distinction in particular if they decide to divorce in the future.
Marital property: What is it?
Anything of value a couple purchases or otherwise obtains during their marriage is considered marital or community property. Whichever spouse has physical control over the property is irrelevant. Among the marital property that may be purchased or sold are:
Other marital assets, such as equities, bonds, certificates of deposit, bank accounts, pensions, and savings accounts, have worth or the potential to gain value.
What Is Separate Property?
Separate property is not a part of the community and cannot be divided during a divorce. Property owned by either spouse before marriage is considered separate property, as are any earnings, rents, profits, or interest on that spouse’s separate property, as well as any inheritances or gifts made to that spouse. Separate property also includes any assets that a spouse acquires while married using their separate property
Any portion of a retirement, pension, or profit-sharing plan earned before marriage or after the “date of separation” includes everything a spouse acquires following the separation date.
Separate property may mix with marital property over time, making it difficult to separate or perhaps merging with communal property altogether. Property must always be able to be tracked back to its original, independent source in order to keep one’s separate property.
Is California a State with Community Property?
Some states have a fair distribution of wealth. This implies that all property and assets will be split fairly by the judge in the event of a divorce. As a result, the ultimate outcome could not be a 50/50 split. California, on the other hand, is a community property state.
This implies that the divisible estate, to which each person has an equal title, includes all marital assets. The marital assets (and debts) of the marriage will therefore generally be divided fairly equitably during the property division process.
What Does Californian Community Property Mean?
Any property amassed during a marriage belongs to both spouses as a community once a couple is wedded. Regardless of who uses it or purchased it, each spouse is entitled to it.
In addition to anything a couple purchased while married, community property can also include items purchased using the couple’s take-home salary. This means that even if a spouse only used his or her own money to buy something, if the item was acquired while the couple was still married, it might be regarded as community property and both of them would be entitled to ownership.
Things Not Taken into Account Public Property
Some types of property, such as gifts and inherited property, will not be regarded as common property. These assets, however, will have commingled and will be regarded as marital property if they have been mixed with marital assets in a way that makes it impossible to trace back ownership of the assets or in a way that increased the value of marital property. The split of property may become more difficult as a result.
Assisting Californian couples to reach favourable property division agreements
The division of property during a divorce can be challenging. Legal difficulties regarding who is entitled to what can arise. However, it is crucial that the property split procedure treats both spouses fairly in the end.
It might make sense for each spouse to receive nearly half of the marital estate if they have an equal claim to it. By doing it this way, nobody wins, which can lead to a more peaceful breakup.
How Does Separate Property Fit In?
The property and debts you brought into your marriage typically belong to you alone. Your husband is the same way.
When you divorce, it’s likely that your spouse will still own whatever assets they had before you got married, such as a paid-off car, furniture, and money in a bank account.
But occasionally, these issues become challenging. It is neither communal nor separate property if your spouse possessed a car that was half paid off when you got married and continued to make payments on it after the marriage. The same is true if your spouse has a pension or retirement benefit that they have contributed to both before and after your marriage. In such situations, the property is mixed.
HOW DO YOU SPLIT UP COMMUNITY REAL ESTATE?
In California, you must divide the property equally. But that doesn’t mean you have to sell the house and divide the proceeds, or cut your toaster oven in half (although you absolutely can do that if you wish).
Instead, it must be quite close to equal in terms of the total net value of the assets that each spouse receives. In other words, it’s acceptable for one spouse to inherit the family home while the other inherits the company. You have a fair agreement as long as the assets’ final values are equal.
Should You Consult an Attorney About Community Property?
The most crucial thing is that you be aware that California is a community property state, which necessitates that you and your husband divide your assets (and debts) equally. You might discover that discussing your circumstances with a divorce lawyer in Stockton will help you make sense of it.