Separate Property

Tracing Separate Property

For long term marriages, spouses may only own community property, because all of their property was purchased during the marriage. Generally the only way one spouse has separate property is if the spouse received an inheritance during the marriage.

Some spouses who have separate property, combine the separate property with the property acquired during the marriage. In legal jargon this is referred to as commingling. If these parties keep accurate records, the contributing spouse may be reimbursed for some of those assets used to acquire or improve community property. However, the rules differ as to what separate property may be reimbursed. It depends on how the funds were used and whether there are accurate records to trace those amounts. If the spouses get divorced, the court will want records that show how separate property was used during the marriage. It is important for the parties to have accurate records if either one of them wants to try to get a reimbursement for the contribution of separate property to community property.

If you need a divorce lawyer in the Orange County area to discuss a family law matter such as tracing separate propoerty or any other dissolution issue such as spousal support, child support, custody, transmutation or property division, contact Treviño Law, Inc. Conveniently located off the 5 and 405 freeway at Lake Forest.

Although the posting of this information can be considered free legal advice for an Orange County divorce, it does not guarantee a result. There may be other circumstances that play a significant role in any dissolution which may alter the outcome of a divorce. A divorce lawyer will be knowledgeable about the significance of facts. Those factors should be reviewed and argued by a family law attorney in Orange County.

Please note that this legal advice does not establish a family law attorney-client relationship. This is a legal advertisement for Treviño Law, Inc, an Orange County family law firm.


During marriage separate property and community property may be commingled.

During marriage separate property and community property may be commingled.

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