Do you have quasi-community property in your San Diego divorce? What is the nature of community property versus separate property and when could an asset or liability be considered quasi-community property in your San Diego divorce?
Here in California, the community property of a couple must be equally divided during a divorce. Community property includes all assets and debts which were acquired by either or both parties during the course of the marriage. Separate property is generally an asset or debt which was owned or incurred by one of the parties separately before the marriage occurred. If marital funds were used to maintain, support or otherwise enhance the value (or reduce the debt) of separate property the asset/liability could be considered to be “commingled.”
Quasi-community property in your San Diego divorce involves any property which was purchased by either spouse while either or both were living in another state which is not a community property state.
This may seem quite complex, but it is more common than one might think. For example, if one spouse was a student or unemployed and the other spouse purchased a property or asset “on their own” it is usually considered to be quasi-community property in your San Diego divorce. There are many military families in San Diego and perhaps an asset was purchased while the military spouse was deployed elsewhere.
If the couple maintained a residence in California prior to the filing of the divorce our community properties will almost always apply to quasi-community property. It should be equally divided.
However, the laws surrounding community property division are quite complex. This is why it is important to seek the advice and counsel of the Certified Family Law Specialists at Burke & Domercq.
Ultimately, the question will be: ‘is this asset community property, the separate property of one of the spouses, or quasi-community property in your San Diego divorce?