What is Separate Property in California?

California Divorce and Separate Property Law

Helping Clients Protect Their Property Rights During Divorce in San Diego

In California, community property laws presume that property owned by one spouse in a marriage is likely owned by both spouses. Who, then, can protect your property rights if you feel some property should be awarded to you exclusively in a divorce?

Attorneys Elizabeth Lewis and Mary Naimish of the family law firm of Naimish & Lewis can provide experienced property division counsel. We have helped hundreds of clients identify and successfully claim sole ownership of separate property during divorce.

What Is Separate Property and How Can Property Characterization Help Me?

Separate property is property that is considered to be outside of the "community" that was created during the marriage. Property can be characterized as having a separate property component under numerous circumstances, including circumstances in which:

• Community assets were maintained with separate property
• The property was acquired before a marriage
• The property was acquired after a separation
• Community property was acquired wholly or in part using separate property
• Separate property was "commingled" with community property
• Property was inherited

How We Can Help You Pursue Separate Property Rights

Often, the characterization of property as separate property depends on documentation. Where did the money come from? How was it used? When was it acquired? And how did it contribute to the acquisition of community property?

We can help you complete the mandatory disclosure process, then help you pursue your full property retention rights through documentation and through aggressive and prepared advocacy in negotiations, hearings, settlement and litigation. For more information regarding separate property and divorce, contact our firm for a no-charge discussion.

Contact Us

If you face a family law challenge in San Diego County, contact the 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.