Property Division Lawyers in Sacramento

Separate Property in Divorce Proceedings

Separate property is acquired by gift or inheritance, or if its acquisition is traceable to a source originally owned by one spouse prior to the marriage, that property is generally considered the separate property of that spouse.

Complex Property Division: Community vs. Separate Assets

Like all rules, there are exceptions to the general presumption. The distinction between community property and separate property is often clear—but not always. In practice, couples may have mixed-character assets that require a detailed and documented financial tracing to unravel. Common examples include:

• Co-mingling bank accounts
• Use of community money to pay down separate property debt or the opposite
• Use of separate property to increase the equity of a community property asset

Then there are circumstances where the character of an asset, such as a retirement benefit or a grant of stock, must be determined in accordance to its acquisition over time. In such instances, the Court will apply the “Time Rule” to determine proportional ownership.

Identifying Community Property in Divorces

Early in a divorce, there should be an attempt to comprehend the extent of the community property estate. At the point of final judgment, either the Court or the parties must identify, characterize, value, and divide the entire community estate. There are potential arguments at each stage of this analysis, and the efficacy of those arguments can substantially affect the decision of the court or settlement of the parties.

Property generally falls into two categories: real and personal.

• Real property refers to land and improvements permanently affixed to that land.
• Personal property generally is everything else.

Disputes can sometimes arise whether a thing is, in fact, “property.” In such instances, the Court will generally apply a test.

The right and interest that a man has in lands and chattels to the exclusion of others. (6 Binn. 98; 4 Pet. 511; 17 Johns. 283; 14 East, 370; 11 East, 290, 518.) It is the right to enjoy and to dispose of certain things in the most absolute manner as he pleases, provided he makes no use of them prohibited by law. Property consists of those things and rights that can be owned or that have a money value. Property also signifies a beneficial right to a thing.

Property Division for Unmarried Couples

The Family Law Court does not have authority to decide property disputes between unmarried persons. In cases involving unwed parents, the court cannot make orders that require either party to share or take responsibility for assets or debts whether acquired jointly or separately by the parties. In such cases, the Court can only make orders regarding child custody, child support, and attorney fees.

Equitable Distribution of Marital Property in Sacramento

Types of property that may need to be divided include:

Our Sacramento property division lawyers have the knowledge and experience needed. No matter the details of your situation, we can counsel you on your rights and seek a practical resolution through negotiation or litigation if needed.

If you have questions about property division in Sacramento, please contact our property division lawyers onlineor by calling (916) 299-3936.