Skip to main content

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 share certain large assets. The family home is often at the center of debate and argument. Since couples have to receive an equal share of marital assets (and debts), it can be tricky to figure out what to do with the family home. If you are thinking about getting a divorce it is important to be prepared to discuss the future of your house. You … Continued

Understanding 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 whom it belongs. These classifications are typically assigned based on when the property is acquired. However, spouses can alter the classification of property by executing transmutation agreements. Community Property vs. Separate Property Before we can understand the importance of a transmutation agreement – and altering the classification of property ownership – it is important to understand the difference between community and separate property. Community Property  … Continued

California’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, they become one; they become one legal community. By forming this one legal community, any property they acquire during the marriage is community property. All property in the community property estate is subject to distribution upon divorce. Distributing property in such a manner is often difficult, time-consuming and emotionally draining. If you are going through a divorce and need assistance, call attorney Hossein Berenji at … Continued

Community 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 it can be rebutted under certain circumstances. Transmutation One legal concept used to rebut the presumption of community property for assets attained during the marriage is “Transmutation”. This is the process by which the parties change the character of a property from community to the separate property of another or from separate property of one spouse to community property. Depending on when the property was … Continued

Effects 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 protect their assets before or during their marriage. We have created this brief overview of pre/post-nuptials, in an effort to help all of our potential Los Angeles clients. If you have additional questions about how pre/post nuptial agreements might affect your community property rights, call Berenji & Associates today for a free consultation. Prenuptial Agreements One way that the parties can circumvent the effects of the community property presumptions … Continued

Is My Marriage Valid in California?

At Berenji & Associates, we often get questions regarding what makes a valid marriage and how that affects the community property rights. 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 most cases, a valid marriage has to exist between a Husband and a Wife for the community estate laws to apply. What Is A Valid Marriage? A valid marriage is one where there is a marriage license issued by the county and the marriage is consummated by an official with the power to marry the couple and then a marriage certificate is … Continued