California Community Property Law
Explained by Our Roseville Family Law Firm
According to California community property law, all assets acquired during marriage are considered community property. The law extends to all real estate, businesses, investment accounts, retirement accounts, and other assets. At Cecil Cianci Law, PC, our divorce attorneys in Roseville guide clients in determining the nature of property and negotiating fair division of marital assets and debts.
Understanding Community Property Law
California community property law guides property division in divorce cases. Property that was acquired prior to marriage, inheritances, and gifts are separate property and not subject to division. Our divorce attorneys in Roseville have experience handling the division of community property, including the most complex situations. We take the time to understand your needs, goals, and aspirations, and we work to achieve a favorable outcome so you can move forward.
Community property may include:
- Real estate
- Stocks, bonds, annuities, and other investments
- Pension plans, 401(k)s, and retirement accounts
- Property or investments overseas
- Valuable collections
Community property law requires that marital property be divided equally, but that doesn’t mean that every asset is split. Each spouse should receive property and assets that are equal in value and may negotiate how assets will be allocated. If you have high assets, own a business, or have another complicated situation, it is best to get the advice of an experienced attorney to help interpret the law as it pertains to your circumstances.
Helping Clients across Roseville, Sacramento & Surrounding Areas Focus on Relevant Issues
California is a no-fault state, so irreconcilable differences are considered grounds for the vast majority of divorces in the state. The underlying causes of the divorce are not considered in property division, which means one spouse will not be awarded a larger portion of the marital assets due to the misbehavior of the other. There are exceptions, such as when the misconduct rises to the level of a breach of fiduciary duty.