Property Division Attorney in Beverly Hills, California

How is marital property divided in a California divorce?

More In This Category

View Transcript

Marital property is divided in a divorce
based on what courts um will order
separate or community. Separate property
is property that is acquired prior to
marriage or after the date of separation
or property acquired by gift or
inheritance. That’s your separate
property. Courts consider community
property property that was acquired
during the marriage um with community um
assets. For example, if your income um
is used to purchase homes, that’s
considered community property. So,
whatever is acquired during the marriage
um by community property, that is what
the courts consider community property.
And I know that sounds a little weird,
but a lot of times people think that
just because a bank account has their
name on it, that’s their separate
property. However, if you’ve received a
bonus during the marriage and you put it
in that bank account, that is your you
think is your own bank account, that’s
community property and the courts will
divide it.

Beverly Hills, CA family law attorney Joni Salomon talks about how marital property is divided in a California divorce. She explains that marital property in a divorce is generally divided based on whether the court classifies assets as separate property or community property. Separate property typically includes assets acquired before marriage, after separation, or received through gifts or inheritance, while community property usually consists of income, homes, bank accounts, or other assets acquired during the marriage using marital funds. She also notes that many people mistakenly believe an account is separate property simply because it is in their name, but funds such as bonuses or income earned during the marriage may still be considered community property and subject to division by the court.

More Videos From This Lawyer