In California, each spouse has the right to one-half of all community property.  Anything acquired during the marriage through time, effort or skill is owned equally by both the husband and wife. Every loan that was taken out during the marriage is also community, even if the asset or debt is only held in one spouse's name. Every asset and every debt will be divided by the court in an equal manner.

For instance, if one spouse stays home and the other goes to work, each spouse has a right to half the paycheck. If the working spouse deposits that money in a bank account held in his or her name only, the money is still divided equally, even though one spouse has no access to the money. If the non-working spouse charges something on a credit card, that debt is community even if the husband did not benefit from the debt. In dividing property and money, the court only looks at how and when the asset or debt was incurred. Proprty Rightd are determined by how and when money was earned.

There are certain exceptions to community property. These include inheritance, money saved before the marriage, or gifts received during the marriage. These assets are not community property. Additionally, student loans are not a community debt; it is the separate debt of whichever spouse incurred the loan, even if the loan was aquired during the marriage.

The issues surrounding Calif community property are some of the most complicated and difficult to understand as part of a divorce or legal separation. Before planning to divide your assets, you should seek the legal advice of a licensed family law lawyer , who can provide you with information as to how your marital property would be divided if your case was to court to trial. If you have any questions please call the divorce and family law attorneys at Famularo & Associates for a free consultation to discuss your particular family law matter.