The general rule is that community property is all property acquired by a married person during marriage while living in California. Separate Property is anything that is acquired before marriage or after the date of separation. In addition, anything that a party received by gift bequest, devise, or descent is separate property. If a party receives rents, issues or profits from a separate property in San Diego then that would be their separate property. The same rule applies to domestic partners, community property is all property acquired by either partner during the partnership while living in California.
There are many complicated issues regarding characterization of the property, for example when one party uses his separate funds to invest in the community property house in San Diego. Also many complications arise when retirements accounts were started before marriage, then you have the issue of what portion is separate property and what portion is community property. As you can see there are many complicated issues regarding the characterization of property and hiring a knowledgeable San Diego family law attorney is important.
Therefore, it is important to have a knowledgeable San Diego family law attorney assist you in this process since it is very complex. Wallin & Klarich has more than 30 years of experience in family law. Our attorneys know from long experience in divorce cases, and are prepared to fight to get you the best possible outcome. With 16 attorneys in 33 offices throughout Southern California, we can be there when you need us wherever you are. If you’re thinking of hiring an attorney for a divorce matter, call us today at 1-888-749-7428 for a consultation.