Full question:
California - Married 19 years. House in husband's name. Is the house the husbands or must it be divided. Wife left the with the children.
- Category: Divorce
- Subcategory: Property Settlements
- Date:
- State: California
Answer:
In California, the courts divide community property equally between spouses after excluding each spouse's separate property. Community property generally includes all property acquired during the marriage, regardless of whose name is on the title. However, this can be contested if there is a clear statement in the title indicating the property is separate or if there is a written agreement stating the property is separate.
Separate property, which includes assets acquired before marriage or received as gifts or inheritance, may be excluded from the marital estate if it hasn't been used for the couple's benefit. If the couple regularly used the property for their mutual benefit, it is more likely to be considered in property division. The frequency of use can influence the court's decision.
The relevant California statutes include: § 2550 Fam., which mandates equal division of community property unless agreed otherwise, and § 2625 Fam., which confirms that separate debts incurred by one spouse are not offset against the other spouse.
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.