What Property Is Community Property?

The divorce process can be confusing, and thinking about property division while negotiating a divorce can make the process seem a lot more complicated. You spend time building a life together, including buying possessions that are important to both of you over the course of a marriage.

Deciding how to divide assets can be difficult, and it is common for spouses to disagree in the heat of a divorce. Speaking with a skilled family law attorney who can help you navigate California's community property laws is essential.

To make an appointment at our San Jose office, call 408-841-7200.

What It Means To Live In A Community Property State

California is a community property state. The term "community property" may imply that everything you and your spouse own has the same status, regardless of who bought it.

However, community property laws recognize that there are separate assets that belong to only one spouse, such as:

  • Assets acquired before marriage
  • Inherited property
  • Gifts
  • Assets covered by an agreement that defines which spouse owns which assets in the event of a divorce

It is important to think about when you (or your spouse) acquired certain assets, how you obtained them and how you have treated them since. Take an inventory of your assets, and include copious notes regarding what you know about them. This is a crucial step as you consider how to divide these assets.

We Can Answer Your Questions

We at Foster Hsu, LLP, can help you understand what it means to live in a community property state when it comes time to file for divorce. Contact us online or make an appointment at our San Jose office by calling 408-841-7200 to explore your options.

We speak English and Mandarin.