If you are facing a divorce or a
legal separation then you are probably thinking about how your property and assets will be divided. During the
divorce process the parties and their lawyers will need to determine the status or nature of the property and when it was acquired. Property s divided into two categories, which will be either Community or separate property, and each category carries with it certain legal rights. The nature of these property rights are discussed below. Community Property
California is a community property state, which generally means that anything acquired during marriage is considered the property of the community. A community property asset will have to be dealt with during the divorce proceedings, which means that either the parties or the court will decide on how the asset is going to be split or how the value will be transferred to each party equally. Some examples of community property are real estate, bank accounts, 401K, Retirement accounts, investments, debts, and loans.
California Separate Property
Generally speaking anything acquired before marriage, through a gift, inheritance, or after divorce or
legal separation will be deemed one’s separate property. However, separate property can become community property under certain circumstances.
Call our Rancho Cucamonga family law offices today if you are considering a
divorce orlegal separation or you are currently in the
divorce process and wish to have legal assistance in obtaining the property that you are entitled. We always offer a FREE over the phone consultation to discuss your case in detail.
Call Today for a FREE initial consultation!
The Law Offices of Ryan P. McClure
3200 Guasti Road Suite 100
Ontario, CA 91761
(909) 456-8812