How do California Property Rights Work in a Marriage?
One thing people do not give much thought to when marrying is property rights. However, property rights are a tricky element in any marriage and often a major contention in divorce. In California, it essentially comes down to separate and community property. Knowing the differences between these two classifications can be a massive help if you are married, divorcing, or even just thinking about proposing.
Separate Property
Separate property seems, at least at first, to be the less complex of the two to understand. To keep it simple, it is any property you owned before the marriage. It also applied to property you yourself received through gift or inheritance during the marriage. The important part is that separate property would not be divided in any way during divorce proceedings. Common examples include a house you bought before the marriage, a gift from a friend or a house inherited from a grandparent. If the property belongs solely to you and is solely in your name, it is separate. Should it be contentious, you will need to offer proof of sole ownership.
Community Property
On the other hand, community property is anything that you and your spouse jointly own. Any assets or incomes- including but not limited to wages, bank accounts, debts and property acquired during the marriage- qualify as community property that you acquire after the date of marriage and before the date of separation. Essentially, if it is in both your names, it is community property and can be divided during divorce proceedings. California law, like in many other states, does not default to equal division of assets. The level of contribution to ownership would factor into determining the actual level of division during divorce proceedings. Therefore, it is essential you keep all records of your ownership.
Separate Property Becoming Community Property
While understanding initial differences is tricky, there are factors during the marriage that lead to a separate property becoming community. For example, did you buy a house before marrying but then your partner helped to pay the mortgage? Did you own the house outright, but then provided written acknowledgement of adding your partner’s name onto the property? Did you acquire it with a loan that also had your spouses name on it? These situations, and others still, would result in a separate property becoming a community property.
Final Considerations
All this goes into determining who gets what in the case of divorce. Therefore, you should consider into what property you may or may not want to keep separate as opposed to community, even if you are not yet married. Simply figuring out what property fits into which category is only one part of divorce proceedings, let alone the division itself of community property. Owning something initially is only the first step in the property rights of a marriage.
How We Can Help
To establish that initial ownership, as well as handle separate and community property, we are here to help. We can add or remove a spouse as an owner of any real property in California, helping ensure your property is classified as you would like. Additionally, we prepare deeds to transfer California real property into a trust so you can stay confident that your property and assets are managed to your liking. Deed and Record provides deeds and trusts for all of California. If you have any questions on how to proceed, please call Mark W. Bidwell at 714-846-2888 or Mark@ DeedAndRecord.com. The office is at 4952 Warner Avenue, Suite 235, Huntington Beach, CA 92649.