What is Martial Property in California?

Marital Property Rights and Divorce

Helping Clients Protect Their Property Rights During Divorce

When dividing marital property during a divorce in California, parties' right to retain property and assets depends largely on how each item is characterized. If it is characterized as separate property, it will generally go to a single spouse. If it is characterized as community property, it will be divided between the spouses.

The San Diego family law attorney team of the family law firm of Naimish & Lewis have resolved property characterization issues and protected clients' property in hundreds of complex divorce cases. We can work to establish the correct characterization of property and protect your rights on either side of a characterization dispute. Questions that can affect characterization include:

• Was property acquired before your marriage or after your separation?
• Whose funds were used to acquire property?
• Was property inherited or a gift?
• Was property purchased by one party's separate property, but later "commingled" between parties?
• Were community assets used to maintain separate property?
• Did separate or community property appreciate during the marriage?

We can help you complete the mandatory asset disclosure process and work to confirm that your spouse discloses all applicable property. We can also help you document your claim to sole ownership of separate property; often, effective claims for the characterization of separate property depend largely on parties' ability to provide compelling evidence that property should be characterized as separate or community.

Marital property characterization questions can become highly complex. For instance, a party's property interest is calculated using court-mandated formulas. Often parties are entitled to exclusive use, possession and control of various assets (cars, homes) through temporary orders. Our team includes a lawyer certified by the State Bar of California Board of Legal Specialization as a family law specialist and can provide strategic help as you navigate the entire marital property division legal process. For more information regarding property division and characterization, contact our firm for a no-charge discussion.

Contact Us

If you face a family law challenge in San Diego County, contact the San Diego attorney team of Naimish & Lewis. We offer free initial consultations, accept Visa, Master Card, American Express and Discover, employ two Spanish speakers and are conveniently located close to Liberty Station, formerly known as the Naval Training Center. We also offer payment plans. To contact a lawyer, call 619-817-8458 or 866-834-4075.