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Property division for new Californians

On Behalf of Cullen Family Law Group | Jan 12, 2021 | Property Division |

Divorce is governed by state law. If the couple lived in California during their marriage, their property division and other issues must be decided under California law.

But what if the couple didn’t always live in California? If a couple lived in another state during part of their marriage, it could affect property division in their divorce. Differences in state law could complicate the process.

Community property vs. equitable distribution

For the purposes of divorce, California is a community property state. This means that nearly all property and debts acquired by the couple during their marriage are considered to be jointly owned by the two spouses. In the property division process, the law starts with the assumption that all property and debts should be split 50-50 between the spouses.

Several other states, especially in the West, also follow the community property model, but most states follow another model known as equitable distribution. These states refer to property and debts acquired during the marriage as the marital property, and their laws call for a division of marital property that meets guidelines of fairness.

To see how these differences in state law can play out, imagine a married couple who lived in Minnesota for 10 years, acquiring property and debts there, before moving to California. They lived together in California for another 10 years, where they acquired new property and debts, before deciding to divorce. In this divorce, the property division process involves both Minnesota and California law.

California’s solution

The good news is that California has a solution for this issue. If property or debts acquired in another state would have been considered community property under California law, California regards them as “quasi-community property.” Rather than applying the law of one state to part of a couple’s property and California law to the other part of their property, California courts deal with the quasi-community property as if it had been acquired in California.

The bad news is that, in practice, property division is often much more complicated than this explanation makes it out to be. Whether it’s a matter of community property or equitable distribution law, property division usually involves extensive negotiation. It’s important to get help from an experienced family law attorney.

 

I’ve been served divorce papers that include false allegations: what do I do?

On Behalf of Cullen Family Law Group | Jun 6, 2025 | Domestic Violence

Receiving divorce papers is already overwhelming. When false allegations are part of the paperwork, the situation can feel even more difficult. It’s essential to stay calm and know how to address the issue. Here’s what to do if you receive divorce papers containing...

Do domestic partnerships affect divorce rights?

On Behalf of Cullen Family Law Group | Apr 14, 2025 | Divorce

Domestic partnerships offer many of the same rights and responsibilities as marriage, but they can complicate the divorce process. If you're ending a domestic partnership, your legal path may differ from that of a traditional divorce, especially in California....

Moore / Marsden calculations in California divorce

On Behalf of Cullen Family Law Group | Apr 10, 2025 | Divorce

In California, Moore/Marsden calculations determine how to divide property when one spouse’s separate property has contributed to the acquisition or improvement of community property. These calculations ensure a fair division of property in divorce cases, particularly...

How can you document SP for asset protection?

On Behalf of Cullen Family Law Group | Apr 3, 2025 | Family Law

When you're about to get married, it's important to think about how to protect your assets, including spousal support (SP) money. If you've received spousal support in the past or expect it during your marriage, you may worry about documenting its use—especially if...

What to expect during child support enforcement actions

On Behalf of Cullen Family Law Group | Mar 23, 2025 | Child Support

Child support represents the financial contributions a non-custodial parent makes towards their child's upbringing. It ensures a parent meets the child's basic needs, such as food, housing, and education. It also supports a child's wellbeing, especially when parents...

Can you reimburse expenses before child support orders take effect?

On Behalf of Cullen Family Law Group | Mar 17, 2025 | Child Support

After a separation, managing child-related expenses can become a challenging task, especially before any official child support orders take effect. Many parents wonder if they can reimburse child expenses during this interim period. Understanding your rights and...

Do mothers have more rights than fathers in custody cases?

On Behalf of Cullen Family Law Group | Mar 11, 2025 | Custody & Visitation

When it comes to custody cases, it is a common misconception that mothers have more rights than fathers. This often stems from historical trends and societal assumptions about parenting roles. Whether you are a mother concerned about maintaining your relationship with...

Why should you update your advanced directives during a divorce?

On Behalf of Cullen Family Law Group | Feb 28, 2025 | Divorce

Going through a divorce is challenging. One crucial aspect that often gets overlooked is updating your advanced directives. These legal documents play a vital role in ensuring others respect your wishes, even when you cannot speak for yourself. Protecting your...

Can you protect yourself and your children without a divorce?

On Behalf of Cullen Family Law Group | Feb 25, 2025 | Domestic Violence

Domestic violence creates a terrifying and dangerous situation. You may feel trapped, believing divorce is your only option for safety. The good news is that California law provides legal alternatives if your moral beliefs prevent you from getting a divorce. Let us...

What can California parents do if their child refuses to visit the other parent?

On Behalf of Cullen Family Law Group | Feb 14, 2025 | Child Custody

Dealing with a child who does not want to see their other parent can create stress for everyone involved. California courts expect parents to follow custody orders while being sensitive to their children's feelings. Parents can struggle to balance their legal...

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Recent Posts

  • I’ve been served divorce papers that include false allegations: what do I do?
  • Do domestic partnerships affect divorce rights?
  • Moore / Marsden calculations in California divorce
  • How can you document SP for asset protection?

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