Divorce Lawyers Protecting Your Separate Property in a Divorce

In California, the general rule for property division is that the husband and wife split all of their community property equally. Community property is all of the property acquired during the course of the marriage, whereas separate property is all of the property owned by the spouse prior to the marriage or received as a gift. When there are disagreements about whether an asset is considered community property or separate property, property division can become an extremely complicated and volatile issue.

Does your husband or wife want to receive one-half of property that you had before you got married? Is your spouse claiming that you should not be entitled to certain assets in your divorce because they are his or her separate property?

If you have questions about whether property is considered community property or separate property, contact an attorney at the law office of David J. Crandall in Calabasas, California. We have been guiding clients though property division disputes and other divorce related issues since 1974.

Minimizing the Financial and Emotional Costs of Property Disputes

At the law office of David J. Crandall, we work hard to protect your separate property and your right to a fair share of all community property. Our attorneys understand what you are going through and will try to minimize the financial and emotional stress caused by the breakup of your marriage.

In certain cases, a spouse may be entitled to keep an asset if it is his or her separate property. This is an exception to the general rule of property division in California that all community property must be divided evenly.

What is Separate Property? Generally, separate property is property that you had before you got married and was maintained as separate property during the marriage. Gifts given solely to one spouse during the marriage or an inheritance given only to one spouse may also be classified as separate property — if the spouse did not comingle the asset or funds with community property.

What is a reimbursement claim? We understand the complicated reimbursement issues that can arise in a divorce when:

• One spouse contributes separate property to community property (e.g. when a spouses uses a gift, pre-marriage trust fund, or inheritance to remodel or add-on to the couples' home)
• Community property is contributed to separate property (e.g. one spouse deposits his employment income into a premarital savings or investment account)
• Community property and separate property become mixed together, instead of maintained separately

With over 30 years of family law experience, our firm can provide you with skilled representation in a divorce dispute over community and separate property. We can also counsel you about prenuptial and postnuptial agreements, which can protect your financial interests in the event of a divorce.

Please contact the law office of David J. Crandall today to discuss property division and asset protection.

For more information, please read our frequently asked questions about divorce.

Our law firm has been serving clients in Calabasas, and throughout the San Fernando Valley, and Conejo Valley since 1974. Our fees are always competitively priced.