Legal Question in Family Law in California

Divorce

In the State of CA, if you do not have a pre nup. At which point does 'community property apply.

i.e

1. As soon as you are married. 2. After what timeframe you are entitled to a percentage.

Thanks


Asked on 1/25/07, 6:20 pm

1 Answer from Attorneys

Laurence Haines HainesLaw

Re: Divorce

Well, generally community property does begin to be created upon marriage.

Family Code Section 760 states "Except as otherwise provided by statute, all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property."

Everything else, logically, is the separate property of the parties. As for acquiring a "percentage" interest in the other partie's separate property [such as a house], if community property is applied [for example, used to pay a mortgage or improve the separate property], one can figure out mathematically some percentage of community interest in the separate property.

Hope this helps.

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Answered on 1/26/07, 1:46 pm


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