Community Property Generally “community property” is all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in California except as otherwise provided by statute.
While not intended as an exclusive statement describing all property that might be classified as community property, the basic rule is that all properties acquired during a marriage is community property unless it comes within a specified exception. Of course, the most common exception is that for separate property.
In general, separate property is all property owned by a spouse that is not classified as community property or quasi-community property. More specifically, separate property of a married person included all property owned by a person before marriage; all property acquired by the person after marriage by gift, bequest, devise, or descent; and the rents, issues, and profits of the foregoing property. As with community property, this statement is intended as a general rule rather than an exhaustive list.
In general, in California family law proceedings, the term “quasi-community property” refers to all real or personal property, wherever situated, acquired before or after January 1, 1994 by either spouse while domiciled elsewhere that would have been community property if the spouse who acquired the property had been domiciled in California at the time of its acquisition; or in exchange for real or personal, wherever situated, that would have been community property if the spouse who acquired the property so exchanged had been domiciled in California at the time of its acquisition.
Treatment of Marital Property after Separation
In general, community property or quasi-community property will be divided equally through the marital dissolution. With very few exceptions, a separate property will retain its character as separate property after the separation. That generally means that separate property will continue to be the property of the spouse who acquired it separately despite the marital dissolution. Christian Family Lawyer Helping You on Property Division Litigation For answers to your questions regarding the division of property in your divorce or legal separation in Orange County, Call us today at (866) 846-8323 to schedule your free initial 30 minute in office consultation with Attorney Joseph P. Downs.
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