One topic that almost always comes up in the course of a divorce is how property will be divided between the parties. Under California law, this will depend on how each piece of property is classified.
If you are going through a divorce and aren’t sure where to begin, the Grambling Law Group is here to help. Use our guide below to learn more about the division of marital property in a California divorce and how a Redlands property and asset division lawyer can help.
An Overview of Property Division Laws in California
Going through a divorce in California can be a lengthy and confusing process, and property division is one of the issues that can take some time to sort out. Here are a few things to keep in mind as you get started.
Separate vs. Community Property
California is a community property state. This means that any marital property is typically divided fairly between the two spouses after a divorce.
Community property is defined under California Family Code § 760 as “all real property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state. . . .” Thus, except in certain situations, any property purchased or otherwise acquired by either spouse during the marriage is considered community property and subject to equitable distribution in the event of a divorce.
That said, there are certain types of property, referred to as separate property, that are not considered community property. Separate property typically includes property that is:
- Owned by a particular spouse before the marriage,
- Acquired by a particular spouse through gift or inheritance, or
- Obtained by a particular spouse after the parties have separated.
Separate property is generally not subject to division.
Transmutation
One exception in which the standard definitions of separate and community property may not apply is called transmutation.
Transmutation refers to a method by which spouses can change the classification of certain property from community to separate or from separate to community property. Notably, the transmutation of property under California Family Code § 852 is only valid if a written instrument confirms that the spouse whose interest is adversely affected agrees to the transmutation.
An example of transmutation might include a situation where one individual owns a house in their own name prior to getting married, making the house separate property. After getting married, however, the spouse chooses to add their spouse to the title of the home by executing and recording a deed naming both spouses on the title. This will be considered a transmutation of the separate property of one spouse to the community property of both spouses.
Note, however, that transmutation under California law does not apply to gifts between spouses of clothing, apparel, jewelry, or other tangible articles of personal property that are not of substantial value and that are used solely or primarily by the spouse who received the gift.
Property Division Also Applies to Debts
It’s important to remember that property, for purposes of property division in a California divorce, also includes debts. Thus, any debts incurred before the marriage will generally still be owed by that particular spouse after divorce, and any debts incurred by either spouse during the course of the marriage will typically be divided equally between the parties.
That said, certain exceptions and specific rules regarding debts and liabilities may impact how a judge will divide them. The division depends on factors such as:
- Whether and to what extent either spouse incurred debts after the date of separation but before a judge finalizes the divorce or legal separation,
- The parties’ relative ability to pay where community debts exceed community assets, and
- Whether any debts incurred by either spouse were necessary to support any children or the other spouse.
If you have questions about whether and to what extent any debts will be divided, be sure to speak with an experienced divorce and asset division attorney today.
Gramling Law Group: Your Trusted Redlands Property Division Attorney
Going through a divorce is never easy. However, having an experienced Redlands property division lawyer on your side can be an invaluable asset to your case.
At Gramling Law Group, we pride ourselves on helping families through some of the most difficult times in their lives—and we do so at reasonable and affordable rates. We know how complicated the legal process can seem, but you can feel confident knowing that we will be right there with you at every step along the way.
If you want to know more about property division under California law and how it might apply to your divorce case, give us a call. Let’s discuss your case and see how we can help you move forward today.