Properties or debts that are acquired in a non-community property state prior to the married couple moved to California shall be considered as quasi-community property for the purposes of division of assets and liabilities. In fact, even properties that are located in another non-community property state can also be considered quasi-community property and shall be divided in accordance to the California Family Law Code.

Separate properties are those that were acquired prior to or after the date of marriage, or income deriving from separate properties. The court has no jurisdiction over one's separate property and cannot dispose such property. The problem usually arrive, however, when the property is "transmutated" from one type property to another type of property, or when the property is "contributed" from one type property to another type of property. For more information, please refer to "Division of Assets."

The date of marriage is the date in which a man and a woman consent to the marriage by obtaining a marriage license and take the solemnization oath. In certain instances where a marriage is void or voidable, such as a putative spouse (the spouse having a good faith belief that he/she is married but through no fault of their own, they are not), the court will allow the putative spouse to obtain ½ of the at-fault party's property, as Quasi-Marital property.

Prior to 1976, the California Supreme Court allowed the Family Law Code be applied to couples that cohabitate but are not married. Since the decision of Marvin v. Marvin, 18 Cal. 3d 660 (1976), the California Supreme Court held that only married couples can file suit in the family law court. However, cohabitate couples can enter into contractual agreements; but that the division of property is contractually based and the court cannot divide the property 50/50 based on community property law. This is called a "Marvin Action."

The date of separation (DOS) is when the parties have an irretrievable breakdown of the marriage. This includes the date of dissolution, legal separation, or an annulment. The date of dissolution refers to the date in which a court determines that the marriage ended. The date of legal separation is one in which the court determines that the parties are legally separated. The main difference in a legal dissolution of a marriage and a legal separation is that the later cannot re-enter into the marriage. Legal Separation simply prevents one party from benefiting from the income and other legal benefits of the other spouse.

Facing dissolution of one's marriage is a trying time for all that are involved, including the spouses as well as children. The last thing that the person should worry is the division of their properties, real and tangible properties, and debts and liabilities. The experienced family law attorney at Smith & Garg, LLC have the experience and knowledge to help you navigate through these difficult waters. The family law attorneys at Smith & Garg have experienced helping numerous residents of the greater Los Angeles and Orange County. Conveniently located in Long Beach, off of I-710 and W. Ocean Boulevard, Smith & Garg, LLC is easily accessible from Los Angeles County and Orange County alike. Please contact our office for a personal consultation with one of our attorneys.

Call the Experienced Attorneys at Smith & Garg Today

If you are considering getting a divorce in the Long Beach area, in the Los Angeles area, or in the Orange City area, contact the experienced and dedicated Dissolution of Marriage attorneys at Smith & Garg for a consultation. The process of getting a divorce in the State of California can be very complex. If you do not have the assistance of an experienced divorce attorney, you are definitely at a disadvantage. Contact Smith & Garg today to schedule a consultation.

Call Smith & Garg, LLC today at 1-877-517-4275 or complete our Contact Form and let us assist you with your community property needs.