February 5, 2013 By Paul Wallin

Under California Family Code section 760, all property, real or personal, acquired during the marriage by both parties is community property. Property is not community property when it is separate.

Your property is separate under section 770 when:

  • you owned the property before the marriage
  • you acquired the property by gift, inheritance, devise or descent
  • you received the rents, issues and profits of separate property


Sections 760 and 770 are only the general guidelines for dividing property in California. There are exceptions to these guidelines that can change whether or not property is considered community or separate.

These exceptions make property law complex and confusing. You need an experienced family law attorney that is familiar with property law as well as divorce proceedings.

Having an attorney will give you comfort and take away much of the confusion.

The division of property can be one of the most emotional times during a divorce proceeding. Even though this can be an unhappy time, it is imperative that you remember to protect your interests and assets.

The attorneys from Wallin & Klarich will strive to protect you and your assets. We will make sure that the other party does not take advantage of you when you are most vulnerable.

You need someone who will look out for you during this difficult time. You don’t have to do it all by yourself. Call us today to speak to a competent family law attorney at (888) 749-7428. We will get through this together.

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