\nThe transfer of separate property of one of the spouses to the other spouse\u2019s separate property.<\/p>\n<\/li>\n<\/ul>\n
In order for a transmutation to be valid in a divorce the written agreement must contain the necessary language to to transfer property. In addition to a written document, it is imperative that the adversely affected party sign the document willingly without coercion or duress. If it is not entered into freely, the document is irrelevant in a divorce and the property will revert back to its original ownership.<\/p>\n\n
Gifts Given During Marriage<\/h2>\n
In California, the court determines how to distribute a gift given between spouses in a divorce\u2014to the one who received it or to both equally. If a gift is awarded to either the receiving spouse, that spouse keeps it in its entirety as his or her separate property, and there is no offset to the other spouse for the value of the gift. If it is considered community property, the value of the gift is awarded to each spouse equally. In most divorces, a gift is awarded to the spouse who received it.<\/p>\n
To determine how to award a gift given in the marriage, the court analyzes whether or not the gift is \u201csubstantial in value, taking into account the circumstances of the marriage,\u201d California Family Code Section 852(c). The closer it resembles the parties\u2019 station in life, the more likely that the courts will award it to the spouse that received it. The court will also ask if the gift was used principally by the spouse that received the gift. If the gift was used by the receiving spouse, the court will be more likely to award it to the receiving spouse.<\/p>\n\n
Commingling Separate Property and Community Property<\/h3>\n
It is possible for parties to commingle community property and separate property. Depending on the type of property commingled, this may result in the community owning an interest in separate property or one spouse owning an interest in community property. In order to avoid this result, the best thing that spouses can do in a marriage to preserve their separate property is keep to their separate property separate. If it is not possible to keep everything separate, detailed records should be maintained.<\/p>\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"
Property Division in a Divorce Community Property in California In California, community property is property acquired during the marriage that is not an inheritance or a gift. Any property purchased with community property remains community property. Community property which produces income renders the income, community property. Separate Property in California Separate property in Orange County …<\/p>\n
Property Division<\/span> Read More »<\/a><\/p>\n","protected":false},"author":4,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"site-sidebar-layout":"default","site-content-layout":"default","ast-global-header-display":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","theme-transparent-header-meta":"default","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","footnotes":""},"_links":{"self":[{"href":"https:\/\/lawintheoc.com\/wp-json\/wp\/v2\/pages\/233"}],"collection":[{"href":"https:\/\/lawintheoc.com\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/lawintheoc.com\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/lawintheoc.com\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/lawintheoc.com\/wp-json\/wp\/v2\/comments?post=233"}],"version-history":[{"count":0,"href":"https:\/\/lawintheoc.com\/wp-json\/wp\/v2\/pages\/233\/revisions"}],"wp:attachment":[{"href":"https:\/\/lawintheoc.com\/wp-json\/wp\/v2\/media?parent=233"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}