What is quasi-community property in a Carlsbad divorce? How are the debts and assets of a married couple divided in a California divorce?
There are three general types of property in a Carlsbad divorce case:
- Community Property
- Quasi-Community Property
- Separate Property
If an asset or property was purchased during the course of the marriage is located physically within the State of California it would simply be considered “community property.” “Separate property” is an asset or obligation which was owned by a spouse prior to a California marriage, or obtained after the Date of Separation (DOS). Properly structured inheritances and gifts may also be classified as separate property in a Carlsbad divorce.
Quasi-community property is a legal term in a California divorce that relates to assets (often real estate) that is not located in the State of California.
The central legal question in these cases: Does a Carlsbad Court have the authority to issue orders regarding property that is not within the State of California?
The simple answer to that question is “yes” because the parties who own the asset or real estate are under the jurisdiction of the Carlsbad Family law Court. The next question is: What asset is considered to be quasi-community property in a Carlsbad divorce and how is to be divided?
Quasi-community property is generally to be treated the same as community property as long as it is not necessary to change the interests of those who own that property. For example, if the parties are part of a larger group the Court may not have authority to order the sale of the property and distribution of proceeds.
If the Court finds it is necessary to change the “nature of the interests” of the parties in the real property outside of California there are a few options. It may require one or both of the parties to execute conveyance of their interest, or it may order one of the parties to compensate the other financially as if such a conveyance had occurred.
These are complex legal community property questions and they require the expertise of the experienced Certified Family Law Specialists at Burke & Domercq. We invite you to contact the experienced divorce lawyers at Burke and Domercq who have decades of experience and expertise in these matters or call 760-389-3927 to schedule an appointment.