Defining Community And Separate Property During Divorce

Although defining community property and separate property seems very straight forward, often the issues are extraordinarily complex. Separate property, as defined in California, is an asset owned prior to the date of marriage, acquired after the date of separation, or acquired during the marriage by way of inheritance or gift as it is defined by the California Family Law Code. Separate property is not divided between the parties but rather is confirmed to the owning party.

Income, rents and dividends generated by separate property are separate property. Income earned by a party after the date of separation is also separate property.

California law defines community property as an asset acquired after the date of marriage and prior to the date of separation, unless the asset was acquired by way of inheritance or gift as it is defined by statute. The court will divide community property equally in a divorce.

Marital Contributions To Separate Property

The community estate may have a right to reimbursement where the couple used community effort or community funds to benefit the separate property of one party. For example, if one party worked in and grew a separate property business, the community may have a right to reimbursement of a portion of the increase in the value of the business during the marriage.

If your divorce involves complex issues of separate and community property, including business interests, contact one of our experienced divorce attorneys at Minyard Morris. Call our Newport Beach office at 949-724-1111 or contact us online.

Community Property

Community Property

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Separate Property

Separate Property

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