The main factor that a judge considers in dividing community property is really when the property was acquired by either spouse. What that means is, was it acquired during marriage through the time, effort, and skill of one spouse. It doesn’t really matter whose name the property is in – and we’re talking about real property, money, any personal property – anything that’s acquired during marriage is divided in half.
It doesn’t matter whose name it is under, it is subject to division if its community property. The general rule is, when it’s acquired, if it’s acquired between date of marriage and date of separation, then it’s community property and subject to division.
Ann A. Thomson is a family lawyer practicing in Seal Beach, California. She serves clients throughout the Orange County and southern California area. To learn more about Ann and her firm, visit www.annthomsonlaw.com.