Do I Have to Sell the Family Home in a Divorce?
One of the biggest hurdles in finalizing a divorce is figuring out how to divide marital property. California is a community property state and requires that each spouse walk away from the marriage with an equal share of property and debts. Figuring out who gets what can be difficult. This is particularly true when couples […]
MoreUnderstanding Property Classification and Transmutation Agreements
In a California marriage, property may be classified as either community property or separate property. When you decide to get a divorce the classification of property you own is very important. Community property is generally divided between the divorcing spouses 50/50. Separate property, on the other hand, remains the sole property of the spouse to […]
MoreCalifornia’s Community Property Law
California is a community property state and one of only nine community property states in the United States. The others include Arizona, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Most of the states follow an equitable distribution theory. In California, as well as in the other community property states, when two individuals marry, […]
MoreCommunity Property Concepts: Transmutation
California is a community property jurisdiction. Which means that there is a presumption that all the assets and debts that are attained during the marriage are community in nature, belonging to both husband and wife. In the event of a divorce, the property is divided equally among the parties. This is only a presumption and […]
MoreEffects of Prenuptial Agreements on Community Property
California is a community property jurisdiction. Which means that there is a presumption that all the assets and debts that are attained during the marriage are community in nature, belonging to both husband and wife. This is only a presumption and it can be rebutted under certain circumstances. Our divorce lawyers often receive questions about how to […]
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