Practice Areas
Community Vs. Separate Property
Protecting Your Community and Separate Property In Divorce
In marriage, spouses share finances and property regardless of whether they pool money into one joint account. There may be certain assets that spouses consider to be personal, such as their car, electronics or collectibles. However, California courts have specific rules regarding property ownership in marriage — and this becomes a crucial issue in divorce.
The division of property in divorce is a complex subject. At the Law Office of Stuart E. Bruers, we can clarify how courts determine which assets are community or separate property. Throughout your divorce, we will help you protect your rightful share of assets.
The Difference Between Community and Separate Property
Community property, which is also known as marital property, includes assets that you and your spouse share. Separate property includes assets that you or your spouse own independently.
In divorce, the court only divides community property, which may include:
- Joint savings or checking accounts
- Retirement accounts
- The home and other real estate properties
- Each spouse’s total income
- Items purchased during the marriage, including vehicles
- Business interests, depending on the circumstances
Therefore, it is important to ensure that you claim all separate property that you own, including inheritance, personal gifts or non-intermingled assets that you owned prior to marriage. In fact, you can classify your separate property in a prenuptial or postnuptial agreement ahead of time to simplify the divorce process.
Assess Your Full & Fair Share of Property
Located in Torrance, the Law Office of Stuart E. Bruers can provide you with the resources and representation to achieve a fair outcome in divorce. We will stand up for your rightful share of marital assets and separate property. Contact us to schedule your consultation today.