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Mission Valley, California

2014: Mission Valley Legal Resources On Separate Property

Going through a divorce means dealing with the separation of many complicated parts of a life built together with another person. Emotional issues aside, dividing assets and debts is one of the more challenging parts of a dissolution.

What types of things are considered "property"?
Property is anything with value that can be bought or sold. Some examples include: houses, cars, clothes, jewelry or furniture. Other items that are counted as property are; bank accounts, cash, stocks, life insurance, patents, security deposits, and a variety of other things.

When a couple gets a divorce or legal separation, they must divide the property that was bought or earned during the marriage. Debts must also be divided.

What is "community property"?
California is a community property state and as such, all property and debt that the couple acquires during marriage is considered “community" property or "community" debt. All earnings during the marriage are also considered community property. As a community, each spouse owns half of the community property or community debt.

What is "separate property"?
Separate property is property that was owned before a couple got married. Other items that can be considered separate are gifts to one spouse, inheritances, rents or money earned from separate property, and property bought with separate property. Debt obtained after separating is also considered separate.

In addition to property that was obtained prior to a marriage, anything you acquire after the date of separation, is also considered separate property. However, separate property only remains separate property if it is kept separate. It is important to note that if separate property is mingled with community property so that its source cannot be traced, it becomes community property.

NOTE: If you signed a prenuptial, post-nuptial or any other type of agreement with your spouse, it is important to talk to a lawyer immediately to see how this affects your case prior to filing any paperwork.

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 Mission Valley, California:

Mission Valley is an urban center of development that began in the early 1950s. Today the area has grown to one of the largest shopping and entertainment centers in San Diego. Extending from Interstate 5 in the west to Interstate 15, Mission Valley is located in an area that is easily accessible from most of San Diego. Popular shopping attractions in Mission Valley include Fashion Valley Mall, Hazard Center Mall, and Westfield Mission Valley.

For family law legal needs, people in Mission Valley can access the courthouses located in downtown San Diego. These courthouses are located at 1409 Fourth Avenue and on 1555 Sixth Avenue.

About Doppelt and Forney, APLC:

Family law issues can be complicated, and we know that at Doppelt and Forney, APLC, we can help. We know you have many choices for your legal needs and we value your time as much as you do. This is why we offer a complete and confidential legal consultation for you to meet with an attorney and see if we are the right law firm for you. For your convenience, you can schedule this appointment by calling 858-312-8500 or on our law firm's website.

Our offices are easily reached from Mission Valley off the I-15 freeway. From Mission Valley heading North, take the Bernardo Center Drive exit and turn right. Take a left into the Clock Tower Office Complex and our offices are on the second floor. Our office is open from 8am to 5pm, Monday through Friday and closed for all legal holidays. Call us now to set up your consultation. We look forward to speaking with you today.

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