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How is commingled property handled in a California divorce?

On Behalf of Cullen Family Law Group | Jun 2, 2021 | Property Division |

Property division can be a contentious aspect of a California divorce. Although it does not reach the importance of child custody and child support, people often engage in extensive dispute with lingering bad feelings about who gets what property. In the state, there are three categories of property: marital property, separate property and commingled property. The first two are well-known. The third might be somewhat confusing. If a property cannot be categorized as marital or separate, it could be commingled. Understanding the details is imperative to reaching a satisfactory resolution as part of a divorce.

When might a property be commingled?

Commingled property is the result of combined community property and separate property. This is also referred to as “mixed.” Examples of commingled property are many. If a person owned a home at the time of the marriage and it was sold with the profits used to buy a marital home, then the down payment and anything else that was purchased with those proceeds will be separate property and belong to the person who sold the home they had before. However, once that money is gone and both sides are contributing to the home purchase and other expenses, then that is commingled. Equity stemming from that will need to be shared even though it started out as separate property.

The accumulation of value of any account, item or property that was owned by one before the marriage will be commingled from the time the couple was married. Since people might be under the impression that a property they owned beforehand was theirs and would be separate if they divorce, this could be an unexpected foundation for discord if they are unaware of commingling or unfamiliar with exactly what it means. This can be problematic with a pension that one person had before the marriage. Contributions to it after the marriage will be commingled.

Addressing property division and commingled assets may require guidance

Property division disputes are unfortunately common in divorce and this is especially true if the people have significant assets. Major assets are not necessary for the parties to disagree. It could be over any property that is commingled or in dispute. Of course, it is preferable if the sides are amicable and can negotiate effectively to move forward without rancor. It is wise to have guidance as to how to navigate this potentially complex situation. For advice, it may be useful to consult with those experienced in family law to determine how to move forward and reach an acceptable result.

 

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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