Protecting Your Separate Property in Divorce
You may have heard that property you bring to a marriage in California, as well as gifts and inheritances received during your marriage, are yours to keep if your marriage ends in divorce. While this is generally true, there are many exceptions.
At States Family Law in Sacramento, I will take the time to help you identify and protect your separate property if a divorce is in your future. Call 916-696-2425 to arrange an attorney consultation.
What Is Separate Property?
California is a community property state. This means that with a few exceptions, assets accumulated during the time of your marriage, or from community efforts, are divided equally.
Separate property includes the property you owned before your marriage or received as a gift or inheritance during your marriage. However, there are many ways that separate property, or at least a portion of it, can become community property. Here are a few examples:
- You do not have records showing that an asset is separate property.
- You add your spouse’s name to the title of a home you owned before your marriage.
- You or your spouse contributes marital funds to mortgage payments or home improvements.
- You or your spouse contribute marital effort or funds to a business you owned before your marriage.
The surest way to protect your separate property is to have an experienced lawyer craft a premarital agreement that limits the means by which the community can acquire an interest in separate property.
For Help With Protecting Separate Property
To discuss your separate property concerns with an experienced family law attorney, call me at 916-696-2425, or fill out my online contact form.