Community Property and Your Divorce

When you are getting divorced, one of the most important discussions you will have with your spouse is regarding property. Depending on what state you are getting a divorce in, you may have to file your property under community and/or non-community property. The basic premise of community property is: anything that was purchased by either party during the marriage is generally considered to be community property. If you are getting divorced in a community property state such as California, all community property will be split equally between both parties.

Any property that does not fall under the community category will be deemed non-community, or separate, property. This can include anything from gifts, items from a previous marriage, property purchased before the marriage or a business started without your spouse. Any property that was purchased with commingled funds will be reviewed separately. Do you have questions or concerns related to property division in California? Contact Claery & Green now to discuss your concerns with a knowledgeable Los Angeles family lawyer from our office.