California is a Community Property State
- In California, all property acquired during marriage is Community Property.
- Property acquired before marriage or after permanent separation, or by gift or inheritance, is Separate Property.
So what, if the property is a “Community Property”
In California if the property is a ‘Community Property’ then during the divorce
- Each community property item will be distributed equally between both spouses.
- Half of each spouse’s income received during the marriage will be shared in half.
- Debts incurred during marriage are divided equally between the spouses.
And what if the property is a “Separate Property”
If the property is separate property then the property holder
- Can keep the 100% with you or spend it during your life.
- Can bequeath 100% to anybody you want.
- Won’t be divided with the other spouse during divorce
Sample Community / Separate Properties
Common Examples of Separate Properties
- Anything owned before the marriage
- The interest or capital gain in the separate property
- The property acquired by using the separate property
- Gift received by one spouse before or during the marriage
- Inheritances received before or during the marriage
- Certain personal injury awards
Common Examples of Community Properties
- Salary received during the marriage
- Anything acquired by using the community property
- Separate property mixed up with community property
- Any gain on the community property
- Investment return on the community property
- Retirement benefits earned during marriage
Contact Law Office of Gopal Krishan / Allied Legal to get more help. We have a great skills, and vast experience and a very good success rate to identify and discovery of properties. We can help you even if the property is located in a foreign country.
Change of Nature of Property
Separate Property > Community Property
- There is no Presumption for Separate Property. So if the separate property is mixed up with the community property it will become the Community Property.
- If you use the separate property for the benefit of community ( Family ), it will become community property.
- The separate property can also be changed in to community property by the agreement.
Community Property > Separate Property
- Before Marriage – By the written prenuptial agreement
- After Marriage – By the Written Transmutation Agreement
There is NO automatic conversion of Community Property into Separate Property even if the title of property is in only one spouse’s name.