Legal Question in Real Estate Law in California

Re: division of property

In California, property owned before a marriage that has not been mixed up with other community property, is called separate or private property, and the spouse has no right to it. In a divorce, all commuunity property is supposed to be divided so you must look to those papers to see what was considered private and what community property.

It is possible to so mix up private property with community property [monthly mortgage fees paid from joint account, etc.] so that it becomes Community property.

Re: division of property

Your statement is partially true. Property owned prior to a marriage, and never comingled, can remain the "separate property" of a spouse and not be divided upon dissolution of the marriage. However, if "community funds" were used to support the property - in other words, if money earned during the marrriage (which are technically community funds) are used to support the property - pay taxes, insurance, mortgage, etc..., then arguably the other spouse has a claim for some interest in the property. It is a very complex formula, but something you may wish to pursue with a family law attorney as they are better versed in the ins and outs of family law.

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Re: division of property

I'd go with Mr. Gibbs' description. Use of community funds, such as any earnings of either spouse during marriage and before a separation, to make payments on a spouse's separate property will give rise to a so-called "pro tanto" community interest in proportion to the community funds used. Lawyers who specialize in divorce (or wills and estates) have specialized software programs that can apply the court-developed theories and formulas to a particular couple's situation and compute the community interest for purposes of preparing a fair and lawful property settlement.