The difference between community property or separate property in California can be an important distinction during a divorce. Although most people understand the basics of community property, it is not always a straight forward application. Community property is any property that is earned or acquired during the marriage. Separate property is any property earned or owned before or after the marriage. Separate property also consists of inherited property or property received as a gift. A common misconception among parties is that separate property is income that one party earns while working during the marriage. However, any income earned during the marriage is community property.
Please note that the posting of this family law blog is informational only. Specific circumstances and laws may determine the outcome of your particular situation, and it is important to contact an attorney to analyze your situation.
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.