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Property Rights During Divorce Proceedings

By Walin & Klarich

My Spouse Claims That I Have No Right to The House or Other Property if I Choose to Divorce Him/Her. California is a community property state and therefore any property acquired during marriage is a community asset. Thus, in regards to division of property in California, each spouse has a full right to all property acquired during that marriage. Property can include houses, cars, stocks and bonds, any many other items. This property is community property even if only one spouse works and paid for this property using his work wages. Wages earned during the marriage are also community property and so anything paid for with those work wages are community assets to be shared by both spouses upon a petition for dissolution, or divorce. Subject to certain exceptions, only separate property is not part of the community assets and in respect to a divorce, that separate property is not included as what is to be split between both spouses...continue to full post

Full post as published by Southern California Criminal Defense Blog on February 18, 2009 (boomark / email).