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A guide to property rights in divorce.
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WHAT IS SEPARATE PROPERTY?A Guide to Property Rights in Divorce
SEPARATE PROPERTY DEFINED
When you are married to someone, there are two types of property
you may own
One type, community property or marital property, belongs to both you and your spouse as a married couple
You both have an interest in the property
One type, community property or marital property, belongs to both you and your spouse as a married couple
The other type, separate property, belongs only to you
Your spouse has no legal interest in it
The other type, separate property, belongs only to you
WHY IS SEPARATE PROPERTY IMPORTANT?
The distinction between separate property and community or marital
property is important in case you and your spouse divorce
While community property must be shared and divided,
separate property is yours to keep
You may take separate property with you when you leave your spouse and
the separate property will be granted to you in a divorce settlement or
separation agreement
WHAT ARE SOME TYPES OF SEPARATE PROPERTY?
Separate property includes anything that you owned prior to getting
married
Separate property also includes inheritances that you receive while you
are married as well as gifts that are given only to one spouse during the
marriage
WHAT IF I BUY SOMETHING WITH MY SEPARATE PROPERTY AFTER I AM
MARRIED?
If you buy something with your separate property after you are
married, the separate property should
STILL REMAIN YOURS
The item that you bought will be classified as separate property and you will be entitled to keep 100 percent of it
in the divorce process
WHAT IF MY SEPARATE PROPERTY EARNS MONEY?
If you earn rents, profits or other money from your separate property,
this profit is yours to keep
You will need to keep the profits and earnings separate and distinct from
marital property and assets in order to protect your separate property and
ensure there is no confusion about who has a right to it in a divorce situation
WHAT IF I MIX MY SEPARATE PROPERTY WITH MARITAL PROPERTY?
If you combine your separate property with your spouse’s or if the two of you
buy something together using your own separate money, this can create
confusion upon entering into divorce
The money or asset will need to be traced back to you and you’ll need to demonstrate
what portion was separate property
The need to prove what property is yours can make it harder to ensure you get 100
percent of your own separate property in a divorce settlement
HOW CAN YOU PROTECT SEPARATE PROPERTY?
There are a number of ways you can ensure that you protect your separate
property including:
A premarital agreement
A post-marital agreement
Maintaining separate accounts and not mixing your separate property with marital assets
SEPARATE PROPERTY AND DIVORCE
IF YOU END YOUR MARRIAGE, you should automatically be entitled to
keep your separate property rather than having to share any of it in the
divorce settlement
If your property has been mixed with spousal or marital property, you should consult with an attorney who can help you to prove the extent of the assets
that belong separately to you
LEARN MORE ABOUT SEPARATE PROPERTY IN CALIFORNIA
Doyle Golde Grossman Family Law Group
www.familylawgroup.com925-314- 2320
Doyle Golde Grossman Family Law Group
www.familylawgroup.com925-314- 2320
Content provided by Best Legal Practices