Legal Question in Family Law in California

In California, assuming no pre or post nup in place, if an asset is owned by one spouse before marriage and is sold after marriage, are the proceeds from the sale 50%-50% community property?

If those proceeds from the sales are used to buy new assets while still married, are those new assets 50%-50% community property?


Asked on 11/01/14, 3:10 pm

1 Answer from Attorneys

No and no. Separate property remains separate property no matter what is done with it during marriage unless it is commingled with community property or community property is used to increase its value, such as using community assets to build an addition onto a separate property house. Even then it doesn't necessarily become 50-50.

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Answered on 11/01/14, 4:42 pm


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