One of the most common questions during a divorce is, “Who gets what?” In California, is a community property state which means generally that anything either spouse acquires during the marriage belongs equally to both. This includes income, real estate, cars, retirement accounts, and even debts. If it was earned or acquired during the marriage, it’s usually split equally in a divorce. But like most legal rules, there are some important exceptions.
Some property is considered separate property, meaning it belongs only to one spouse and is not divided in a divorce. Even property that was acquired during the marriage can be considered separate property if it was obtained by gift, devise, or bequest. For example, if you inherit money from a parent or relative, that inheritance is considered your separate property, even if you received it during the marriage. Gifts given specifically to one spouse (not both) can also be separate property. But there’s a catch! If you comingle (mix it) separate property with community assets, like depositing inherited money into a joint bank account, you may risk turning it into community property. That means that now, what was one spouses’ separate property, can now be considered community property and divided in the divorce.
It’s important to understand that not every dollar or asset gets treated the same in a divorce. Some situations require detailed tracing of where money came from or how it was used, especially when separate and community property have been mixed. Courts aim to divide things fairly based on clear evidence, but without careful records, it’s easy for separate property claims to get lost in the shuffle.
If you’re concerned about how your property will be divided or want to protect what’s rightfully yours, The Grey Legal Group, APC is here to help. Our experienced family law team knows how to navigate the details and fight for a fair outcome. Contact us today to schedule a consultation and take the next step toward securing your financial future.