Wade Law Group
offices Throughout california Call for a location near you

What is considered separate property during a divorce?

There are many people who got through divorces in California each year. Going through a divorce is not a very fun experience for most people. It can be emotional as their marriage is ending and usually it does not end because people are happy with each other. During this emotional time when personal animosity is running high, it can be difficult to make the important decisions the couple must make, but it is something they must do.

People need to make decisions about who will have custody and parenting time. They also need to divide their assets. This is a community property state, which means that most assets and property that are acquired during the marriage are equally owned by both spouses regardless of which one actually acquired the property. All community property must be equitably split between the spouses. However, spouses can each have separate property, which they will automatically keep after the divorce.

Separate property is property that one spouse obtained prior to the marriage or after the separation date for the marriage. But, it also includes property that the spouse purchased during the marriage with the separate asset. It includes money the spouse earned from the separate asset during the marriage as well. When one spouse receives an inheritance or a gift, even if it is during the marriage, it is also considered separate property. Any income or money generated from the gift or inheritance is also separate property.

Married couples in California can obtain many assets and property during their marriage, especially in longer marriages. All of the property obtained during the marriage must be divided during a divorce and spouses have an equal claim to most property acquired during the marriage. There are exceptions to that and spouses can also have separate property though, which the other spouse has no claim.

No Comments

Leave a comment
Comment Information

Call 408-842-1688 or toll free at 855-656-7590 or send a confidential email to request a case evaluation. Office locations located all throughout the state.

Get In Touch With Us Today

As litigation attorneys in San Jose, we have handled complex cases and obtained real results for individuals throughout the Bay Area and beyond.

Whether you are a business owner who needs help resolving a breach of contract dispute or a parent looking for skillful guidance regarding a custody dispute, let a skilled, successful team of attorneys help you.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Our Locations

San Jose Office
84 West Santa Clara Street
Suite 750
San Jose, CA 95113

Toll Free: 855-656-7590
Map & Directions

Mountain View Office
800 West El Camino Real
Suite 180
Mountain View, California 94040

Toll Free: 855-656-7590
Map & Directions

San Mateo Office
951 Mariners Island Blvd
Suite 300
San Mateo, California 94404

Toll Free: 855-656-7590
Map & Directions

Gilroy Office
8080 Santa Teresa
Suite 240
Gilroy, California 95020

Toll Free: 855-656-7590
Map & Directions

Oakland Office
1901 Harrison Street
Suite 1100
Oakland, California 94612

Toll Free: 855-656-7590
Map & Directions

Alameda Office
1101 Marina Village Parkway
Suite 201
Alameda, California 94501

Toll Free: 855-656-7590
Map & Directions

San Francisco Office
One Market, Spear Tower
36th Floor
San Francisco, California 94105

Toll Free: 855-656-7590
Map & Directions

San Francisco Office
1700 Montgomery Street
1st Floor
San Francisco, California 94111

Toll Free: 855-656-7590
Map & Directions

Alameda County Satellite Offices:
San Francisco County Satellite Offices:
Email Us For A Response

Visit Our Social Media Sites

Bold labels are required.