Full question:
I have been married for five years. The house and cars are in my wife's name. What am I entitled to as far as community property?
- Category: Divorce
- Subcategory: Property Settlements
- Date:
- State: California
Answer:
Community property is a legal system used in some states to divide a married couple's assets during divorce or upon one spouse's death. Under this system, any property acquired during the marriage is owned equally by both spouses, regardless of whose name is on the title or who paid for it. Exceptions include inheritances, specific gifts to one spouse, and property owned before the marriage, which are considered separate property.
This system recognizes both spouses' contributions to the marriage, even if one earns more. Couples can change separate property to community property through agreements or by mixing funds. In California, the court divides community property equally after determining each spouse's separate property. Community property is generally assumed to be all assets acquired during the marriage unless there is a clear statement or written agreement stating otherwise.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.