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How is Separate Property Different From Community Property

On Behalf of | Dec 29, 2019 | Divorce

How is separate property different from community property in an Oceanside, Encinitas or Carlsbad divorce?  Why is this important and how can an experienced Carlsbad Certified Family Law Specialist make such a difference in the outcome of your case?

Any property or income which is acquired during the course of the marriage from the date of the marriage to the date of separation is considered to be community property.  Community property is to be divided equally during a California divorce.

However, property which was acquired before the marriage or after the date of separation, or with “separate” funds is not considered to be community property and will not be subject to California’s property division statutes.

One of the primary challenges of many divorce cases is the “commingling of funds or assets” which blurs the line between a “separate” asset and a “community” asset.  For example, if the husband owns a small business prior to the marriage and the business continues to operate based entirely upon it’s own income and revenues the asset would generally be considered to be the “separate” property of the husband.

However, if there were challenges along the way in this example and the marital funds of the spouses were used for repairs to the company’s building or to support the husband during stretches of time when business was tight, at least a portion of that asset would be considered to be community property.  The Court may also consider the appreciation in the value of the professional practice or business over the course of the marriage as part of community property.

Was there an inheritance during the course of the marriage? How were those funds and/or assets identifies, and how were the proceeds actually used?

This is why it is so important to be represented by experienced, proven Certified Family Law Specialists at Burke & Domercq, APC.  We invite you to review the recommendations of our clients and the legal industry and contact us or call 760-389-3927 to schedule an appointment.  Learn what makes separate property different from community property in your case and the difference Burke & Domercq, APC can make in the outcome of your divorce.