What’s the Difference Between Community and Separate Property in a San Jose Divorce?

If you and your spouse have assets and need help dividing them fairly, California divorce lawyers can assist with this and much more.

When it comes to divorce, California divides property into two categories: community property and separate property. There’s a big difference between the two and it’s important that any party considering filing for divorce understands what this is.

Luckily, USAttorneys.com can connect you with experienced lawyers in your city who would be happy to help you understand how your property/assets would be classified.

What is separate and community property in California?

When you enter into a marriage, it’s likely you do so with property and/or assets intact. This might include a vehicle, house, business, retirement plan, inheritance, or other types of gifts. Most of the property/assets you own prior to getting married are usually considered separate property. This property belongs to you and remains yours, even after you get divorced.

Of course, there are exceptions to this. If the assets were acquired while the two of you were together but not married, the court may decide to divide it equally if both contributed to purchasing/acquiring it.

The other type of property recognized in a San Jose divorce case is community property. Community property is any property obtained while married. For instance, if you bought a vehicle or house while married, this would be classified as community property, and subject to equal division.

Need help distinguishing between the types of assets you have? USAttorneys.com will connect you with San Jose divorce lawyers now.

How to determine when something is considered community property in a divorce

Distinguishing between what is community property and what is separate property can be tricky, so consider these things when trying to determine what will be divided when you divorce.

• If you bought a vehicle while married but used the money you earned from selling a car before tying the knot, the vehicle will be considered separate property, according to the California Courts website¹.

• If you made a down payment on a home using the money you earned before getting married but as a couple, made mortgage payments together, the home would then be considered part community and part separate property.

• If you began contributing to a retirement plan before you got married and then continued after you wed, this too would be considered both community and separate property. The money that was put into the plan before the wedding would be considered separate while the contributions made after it would be classified as community property.

Have questions about community and separate property?

If you and your spouse have assets and need help dividing them fairly, California divorce lawyers can assist with this and much more. Aside from settling the division of assets, divorce lawyers also help parties reach agreements on other matters so that the divorce can be settled more quickly.

If you’d like to connect with experienced divorce or child custody lawyers now as you’re ready to start the process, USAttorneys.com is only a phone call away.

Have questions about this article or a legal concern? Call 800-672-3103.

Source:

• https://selfhelp.courts.ca.gov/divorce/property-debts