California Family Code 125

by B. Robert Farzad

California Family Code 125 and Quasi-Community Property Laws

Family Code 125 is known as California’s family law on quasi-community property. What in the world is quasi-community property you may ask? I am glad you did.

Family Code 125 text

Family Code 125 states:

“Quasi-community property” means all real or personal property, wherever situated, acquired before or after the operative date of this code in any of the following ways:

(a) By either spouse while domiciled elsewhere which would have been community property if the spouse who acquired the property had been domiciled in this state at the time of its acquisition.

(b) In exchange for real or personal property, wherever situated, which would have been community property if the spouse who acquired the property so exchanged had been domiciled in this state at the time of its acquisition."

What we learn from Family Code 125 is quasi-community property means:

• real property or personal property (personal property is anything that is not real property);
• no matter where it is acquired by either spouse;
• while the spouses lived outside of California;
• if that property would have been community property had the spouse who acquired the property lived in California at the time he or she acquired property.

The second way property can be quasi-community property per Family Code 125 is for there to have been in exchange of property as set forth in subsection (B).

Family Code 125 is not the only code that deals with quasi-community property

Family Code 125 and the following code sections relate to each other.

Family Code 912 states: “For the purposes of this part, quasi-community property is liable to the same extent, and shall be treated the same in all other respects, as community property.” So here, the code states quasi-community property defined by Family Code 125 comes with the same liability as community property. This liability may relate to, as one example liens against it.

Family Code 63 states: “‘Community estate’ includes both community property and quasi-community property.” This is self-explanatory. When the Family Code refers to “community estate” it includes Family Code 215’s quasi-community property.

This issue of quasi-community property per Family Code 125 sometimes intersects with Family Code 2600. This code section states:

“(a) Except as provided in subdivision (b), if the property subject to division includes real property situated in another state, the court shall, if possible, divide the community property and quasi-community property as provided for in this division in such a manner that it is not necessary to change the nature of the interests held in the real property situated in the other state.

(b) If it is not possible to divide the property in the manner provided for in subdivision (a), the court may do any of the following in order to effect a division of the property as provided for in this division:

(1) Require the parties to execute conveyances or take other actions with respect to the real property situated in the other state as are necessary.

(2) Award to the party who would have been benefited by the conveyances or other actions the money value of the interest in the property that the party would have received if the conveyances had been executed or other actions taken."

This code section give the family court options to divide quasi-community property even though the property is located in another State.

Have questions about Family Code 215 and quasi-community property in your case?

Have questions about quasi-community property and Family Code 125’s application to your case? Contact our experienced family law attorneys for a strategy session. We handle dissolution of marriage cases in the seven Southern California counties.