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With over 30 years in the field of Law, Holder Legal is dedicated to serving the needs of our clients. We specialize in wills, trusts and probate, family law, taxes and QDROs. 
Community Property
Real Estate
For most couples, their home is often the most valuable asset owned by the marital community. 

Sometimes one spouse may claim the house is all theirs. Usually that's just not true.
Community Property

  • Real estate, savings or personal property;

  • That you, your spouse, or both, acquire in California (or another state) during marriage, while you and your spouse are living in California; and

  • Includes the part of property bought with community funds, if part was bought with community funds and part with separate funds; or

  • That you and your spouse agreed to convert from separate to community property through an agreement valid under California law ; or

  • That can't be identified as separate property.
Savings
Cash assets include savings and investment accounts that you or your spouse, or both of you, have accumulated during your marriage.

It also includes 401(k) plans, IRAs and pension benefits even if held in only in one spouse's name.
Personal Property
Personal property includes household appliances, 
furniture, cars, boats, mobile homes, collectibles, antiques, or works of art, or

Your dog who has been with you through good times and bad.
Community Income​​
  • Includes salaries, wages, or pay for services of you, or your spouse that is earned during your marriage  while living in California; and

  • ​Income from community property.

What's Separate Property ?
"Separate property of a married person includes all of the following:
(1) All property owned by the person before marriage.
(2) All property acquired by the person after marriage by gift, bequest, devise, or descent.
(3) The rents, issues, and profits of the property described in this section."   CA Family Code 770(a)

"The earnings and accumulations of a spouse and the minor children living with, or in the custody of, the spouse, after the date of separation of the spouses, are the separate property of the spouse."    California Family Code 771(a) 
What is the "Date of Separation"?
What is Separate Property?
The date that a complete and final break in the marital relationship has occurred, as evidenced by both of the following:

(1) You have told your spouse that you intend to end the marriage.

(2) Your conduct is consistent with your intent to end the marriage.
  • Property that you or your spouse owned separately before your marriage; or 

  • Property either of you received as a gift or inherited during your marriage; or

  • Property bought with separate funds, or exchanged for separate property, during your marriage; or

  • Property that you and your spouse agreed to convert from community to separate property through an agreement valid under state law; or

  • The part of property bought with separate funds, if part was bought with community funds and part with separate funds; and

  • Your kids stuff if they live with you after the date of separation.
Can we still live in the same house?
Yes, and many people do, because of the price of real estate in California. But you must tell your spouse you intend to divorce. And you cannot mislead them that you intend to stay together as a married couple.  Consistency is the key word here.