{"id":233,"date":"2020-12-21T10:08:40","date_gmt":"2020-12-21T10:08:40","guid":{"rendered":"https:\/\/lawintheoc.com\/property-division\/"},"modified":"2021-01-12T13:35:48","modified_gmt":"2021-01-12T13:35:48","slug":"property-division","status":"publish","type":"page","link":"https:\/\/lawintheoc.com\/property-division\/","title":{"rendered":"Property Division"},"content":{"rendered":"\t\t
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Property Division in a Divorce<\/h2>\n

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Community Property in California<\/h3>\n

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.<\/p>\n

Separate Property in California<\/h3>\n

Separate property in Orange County is any property acquired before the marriage or after the date of separation or property that was received as a gift of an inheritance. Any property purchased with separate property remains separate property as long as only separate property is used to purchase or maintain the property.<\/p>\n

Quasi-Community Property<\/h3>\n

Quasi-community property is any property purchased in another state which would be considered community property if it had been purchased in the State of California or if the parties had been lawfully married at the time of purchase.<\/p>\n

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Transfer of Property Between Spouses (Transmutations)<\/h3>\n

During the marriage, the parties can change the nature of their property by written agreement. California Family Code sections 850-852 allow a couple, by written agreement, to transfer or \u201ctransmute\u201d community property to the separate property of either spouse or from the separate property of either spouse to the community. In legal jargon, this is referred to as a transmutation. A transmutation is fulfilled when spouses transfer property between themselves during the marriage changing the character of the property. There are three types of transmutations;<\/p>\n\n