In cases where there is excessive debt above and beyond a couple’s community assets, California courts may assign a more significant portion of the debts to the spouse who is in a better financial condition to pay them off. The exception to this is that when spouses are discussing a division of assets during the divorce proceeding, one spouse or the other may agree to assume the debt in question in exchange for other concessions. DebtsĬalifornia is a community property state which means that any debts or assets acquired by one or the other spouse during a marriage belong equally to both spouses. In many cases, couples may need to rely on lawyers, forensic accountants, or Certified Divorce Financial Analysts to help them determine ownership of assets and how to divide them equitably. In that case, it is important to make sure you do not commingle the property, either by depositing money in a joint bank account, or adding your spouse to the deed on the house, or other similar instances.ĭetermining what is community property and what is separate property is a critical part of determining a fair and equitable division of assets when seeking a divorce in California. Suppose you want to retain sole possession as the owner. Also, any property that was acquired either before the marriage or after the date of separation of the marriage is considered the sole property of the person who acquired it. For example, if the property is acquired during the marriage through inheritance or a gift, then the person who was given that property retains a sole interest in it. However, there are exceptions regarding the property division. Under the California Family Code, this generally means that all property, real or personal, that was acquired by either party during a marriage is equally owned by each partner. Pensions, IRAs, 401Ks and Retirement PlansĬalifornia is a community property state.Below are some of the most common legal questions and major issues that come up during a divorce in California: There are also several laws on the books that cover specific parts of the divorce process. State law allows for “irreconcilable differences” as the reason for a marriage to be dissolved. One spouse can initiate the action, and the other spouse or partner can’t stop the process even if they want to remain married.Ĭalifornia is a “no-fault” state meaning that the person requesting the divorce does not need to prove that the other person did anything wrong. Both spouses do not need to agree to end the marriage. Legal separation does not end a marriage like divorce a does, but it allows courts to decide important issues such as child custody, child support, and the issuance and enforcement of restraining orders. They are divorce, annulment, and legal separation. Under the Family Code, there are three main ways to end a marriage or a domestic partnership in California. The California Family Code is one of 29 legal codes that form all general statutory laws in California. An Overview of Divorce Laws in CaliforniaĬalifornia divorce laws are governed by the California Family Code, a series of legislative acts that cover the complete spectrum of legal issues surrounding divorce in the state.
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