Legal Question in Family Law in California
Community and Separate Property
Hello,
On my dissolution petition, I have indicated that my property belongs to me separately. The property was purchased four months after we were separated. Should I file an amendment to indicate that it is a community prop rather than sep property. My wife doesn't file a response, so she doesn't have a problem one way or the other. Do you think the judge will grant a divorce based on what I had put down as a separate property. Thanks a lot.
1 Answer from Attorneys
Re: Community and Separate Property
Your duty under the law is to disclose the existance of the property. The designation of property as wither community or separate property must be contested by the other party. Property purchased after the date of separation may well be your separate property.