Property Division
Each respective parties' property rights in a marital proceeding is governed by community vs. separate property characterization, fiduciary duties of management and control and disclosure, debt liability and reimbursement rules, and ultimately, in a dissolution, legal separation or nullity action, the task of valuing and effecting an equal division of the community estate.
Pursuant to Fam.C. §§ 750, 760, 770, absent valid agreement between the spouses or domestic partners, the marital property rights of California domiciliaries are fixed in accordance with California community property law.
For purposes of defining community, as opposed to separate property interests, the law of the parties' marital/domestic partnership domicile controls.CC § 946 governs property division, and states that regardless of where located, personal property “follows” the owner and is governed by the law of owner's domicile. And it applies as well to the determination of marital interests in real property, notwithstanding the general choice of law rule that questions relating to interests in real property are determined by the law of the situs.
CC §§ 681 & 682, states that, under California law, property may be owned either separately or jointly.
Fam.C. § 760 states that “except as otherwise provided by statute,” community property is all property acquired by a married person during marriage while domiciled in California. And, as between registered domestic partners, therefore, community property is all property acquired by either partner during the partnership while domiciled in California.
Property valuation and characterization disputes are often the most contested issues in family law cases. Given the complexities, and intricacies, of the governing law an experienced attorney is recommended to determine an accurate and fair division of such property.
Pursuant to Fam.C. §§ 750, 760, 770, absent valid agreement between the spouses or domestic partners, the marital property rights of California domiciliaries are fixed in accordance with California community property law.
For purposes of defining community, as opposed to separate property interests, the law of the parties' marital/domestic partnership domicile controls.CC § 946 governs property division, and states that regardless of where located, personal property “follows” the owner and is governed by the law of owner's domicile. And it applies as well to the determination of marital interests in real property, notwithstanding the general choice of law rule that questions relating to interests in real property are determined by the law of the situs.
CC §§ 681 & 682, states that, under California law, property may be owned either separately or jointly.
Fam.C. § 760 states that “except as otherwise provided by statute,” community property is all property acquired by a married person during marriage while domiciled in California. And, as between registered domestic partners, therefore, community property is all property acquired by either partner during the partnership while domiciled in California.
Property valuation and characterization disputes are often the most contested issues in family law cases. Given the complexities, and intricacies, of the governing law an experienced attorney is recommended to determine an accurate and fair division of such property.