What is considered to be community property in a Carlsbad divorce and how is it divided between the parties?
Community property is basically all property, assets or income earned by either or both of the parties during the term of the marriage. Here in California, community property is to be divided equally between the parties.
However, the determination of what is considered to be community property in a Carlsbad divorce is often not that simple. Separate property is usually an asset or money that was owned by one of the spouses prior to the marriage. For example, if one of the parties receives an inheritance during the course of the marriage – money that is left to them alone – it is usually considered to be separate property.
It is also possible for part or all of a separate property asset to become community property during a divorce as a result of the actions of the parties. For example, if the wife owns a home prior to the marriage and the couple rents it out is the income separate property of the wife or community property? How much work did each of the parties put into the actual rental process and the preparation of the house for rental? Were marital funds used to renovate, maintain or clean the property? These questions will determine if separate property has been “commingled” with marital assets.
Community property can actually be legally quite complex, and this is why it is important to work with the experienced Carlsbad divorce attorneys at Burke & Domercq. Our Certified Specialists protect our client’s interests and separate property, and help to answer questions regarding the characterization of property and how it will be divided.
We invite you to contact us or call 760-434-3330 to schedule an appointment with one of our experienced lawyers. Our expertise in Carlsbad and North County divorce and family law combined with decades of experience provides a better client experience.