Unless there is a valid written agreement between spouses that says otherwise, in California everything purchased or acquired during the marriage up to the date of separation is considered community property. This means it equally belongs to both spouses. It applied to both assets and debts. It applied to income, retirement, stock, real property, business interest, credit cards, loans and more. There are many exceptions that should be discussed with a family law attorney to determine if an asset or debt can be proved to be separate property. It is important to speak with an attorney about your date of separation as it can make a big difference in some cases.

Separate property is everything owned prior to marriage and after the date of separation, unless you commingled during the marriage, gifted, or transferred the title to an asset to both names. Money earned and saved before marriage and after the date of separation is separate property. All profits and rent received as a result of property owned prior to marriage are separate property. You should discuss the Moore/Marsden issues with a divorce attorney. Inheritance is separate property of the inheriting spouse. Gifts and certain personal injury awards belong to the receiving spouse. Separate property is not divided equally, and fully belongs to the entitled spouse.

If you own real estate, have a business, investment accounts, retirement, stock options, joint ventures you should speak to one of our Certified Family Law Specialists to learn how to protect your interests. Call the Law Office of Ilona Antonyan, APC at 619-696-1100.