Del Cerro, California

Community Property

According to California law, "community property" is the assets, property and income earned or acquired during a marriage. Conversely, separate property is anything that was obtained before marriage or during a marriage by gift, devise, or bequest, and after separation. Community property laws dictate that the marital estate must divided equally unless there is a valid written agreement specifying otherwise or other factors are present. The same applies to the debts acquired by the community during the marriage. Once the couple decides to divorce, and unless agreed otherwise, the court will subtract the debts from the assets and each spouse will receive one half of the net community property.

Division of Community Property

Fortunately, California law does not require that each individual physical object or piece of property be divided equally. All that is required is that half the net value of community assets be given to each spouse. That being said, sometimes the family residence will go to one spouse, while the family business or other real estate goes to the other. Courts do not require any one specific formula for splitting the community assets as long as they are equivalent in value.

Determining whether each asset is community or separate is not always easy though. Things like the family residence or cars may be clearly defined as community assets. However, businesses and other property may present challenges to division if they involve separate property or were initially owned by one spouse prior to marriage. Moreover, if assets that were once separate become co-mingled with the community estate such that they can no longer be traced back to separate property, the distinction of being separate property may be lost forever.

Specific questions about community property should be directed to a qualified and experienced attorney. Individual circumstances and facts vary from case to case. Nothing in this article should be construed as legal advice. Any and all questions about divorce, support or family law should be directed to a qualified and experienced family law attorney.

About Del Cerro, California:

Developed in the sixities and seventies, Del Cerro is an Eastern San Diego suburb containing part of the popular Mission Trails Regional Park. As part of the Navajo Community area, it is also near the communities of San Carlos, La Mesa, and Grantville. Although it is not as popular of a destination as many of the San Diego beach communities, Del Cerro still draws in many visitors for its annual Block Party and its Fourth of July celebration at Del Cerro Park Pool. With a quick drive to many great parks, residents of Del Cerro find their city to be a perfect blend of recreational fun and country family friendliness.

For their family law needs, Del Cerro residents have several options. They can go downtown to the Madge Bradley Building or the Family Law Courthouse. The Madge Bradley building is located on 1409 4th Avenue and the Family Court building on 1555 6th Avenue. Those in need of legal facilities can also use the East County Regional Center. This courthouse is located in El Cajon on 250 East Main Street.

About Doppelt & Forney, a Professional Law Corporation:

At Doppelt & Forney, a Professional Law Corporation, APC, our attorneys are well-versed in a variety of family law issues. We know that divorce and other family law matters can be challenging. As such, it is important that you have all of the information you can get about your type of case. To help you with this, we offer a confidential consultation where you can discuss your family law matter and how to achieve your legal goals. Please call us at 858-312-8500 to schedule this appointment or schedule online.

Our offices are just a short drive from De Cerro in Rancho Bernardo. Take the I-15 freeway to Bernardo Center Drive. Once you get off the freeway, take a left into the Clock Tower Office Complex. Parking is free and we are located on the far southwest corner of the complex. Elevators are available for those with special needs. We are open from 8am to 5pm and closed on all legal holidays. Come see us today to discuss your legal matter further.

Contact Us FREE IN-OFFICE CONSULTATION
Phone Number: 800.769.4748
captcha