Property Rights During Divorce Proceedings

By: Wallin & Klarich

My Spouse Claims That I Have No Right to The House or Other Property if I Choose to Divorce Him/Her.

California is a community property state and therefore any property acquired during marriage is a community asset. Thus, in regards to division of property in California, each spouse has a full right to all property acquired during that marriage. Property can include houses, cars, stocks and bonds, any many other items. This property is community property even if only one spouse works and paid for this property using his work wages. Wages earned during the marriage are also community property and so anything paid for with those work wages are community assets to be shared by both spouses upon a petition for dissolution, or divorce. Subject to certain exceptions, only separate property is not part of the community assets and in respect to a divorce, that separate property is not included as what is to be split between both spouses. Separate property includes property acquired before a marriage, by inheritance, or by a gift to a spouse.

Therefore, a spouse has no basis for threatening the other spouse into think that they will be left with nothing upon divorce. If property was acquired during marriage using community assets then both spouses will have a right to that property upon dissolution, or divorce.

It is imperative that you hire an experienced law firm to defend your rights in court on a petition for dissolution. The San Diego divorce attorneys at Wallin & Klarich have over 30 years experience in handling family law matters, including petitions for dissolution, and can aggressively and effectively represent you in court to fight to get your case resolved to your satisfaction.

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Posted In: Family Law Issues