Legal Question in Administrative Law in California

My friend just got married C.A. He owned his own home and also has various investments.Is his spouse entitled to anyof these if the marriage ends?


Asked on 9/13/15, 6:12 am

2 Answers from Attorneys

James Goff James R. Goff, Attorney at Law

Unless there is a premarital agreement preserving these assets as separate property they become community property with the marriage. If this is a short marriage he may limit his obligation to provide spousal support after a divorce. Some issues may arise based on where the assets were derived from but generally speaking community property must be divided equally. All legal question depend on the circumstances and your friend should consult an attorney with expertise in dissolution matters before making any decision. Provided with this limited information I can only provide general responses. Additional information might result in a different conclusion. Good luck.

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Answered on 9/13/15, 5:49 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I believe the previous answer is incorrect. Separately-owned property does NOT automatically become community property the instant someone marries. It MAY acquire some community-property character through commingling, use of community funds to make mortgage payments, etc., and the process of determining when and to what extent this happens is pretty complicated. Careful planning and management of these assets could most likely prevent the new spouse from acquiring any interest in them.

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Answered on 9/14/15, 1:55 pm


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