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What is considered separate property during a divorce?

| Oct 24, 2019 | Asset Disputes |

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.