Community and separate property laws

Splitting Assets in a Divorce

Splitting Assets in a California Divorce

California community and separate property laws are at the heart of every divorce

What is community property? What is separate property? These are the questions every spouse asks before they undertake a divorce, regardless of the estate's size. The estate may be millions of dollars or tens of thousands of dollars. California community property law and separate property law apply to each.

In these two informative guides, we explain the difference between community property and separate property. We provide you with informative information regarding how a court looks at property and what facts it takes into consideration before it determines character as being community versus separate. You will also learn that an asset is not always one or the other. Certain assets may be "mixed" character such that they are partially community and partially separate.

We hope you enjoy our pages on asset division and we welcome your feedback on anything you read within them. You may access them by navigating to the asset division link that you will find at the top of our website or simply click on the links below.

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