Property Division in Orange County

Community Property Attorney Serving Orange County

In the State of California one may often hear the term "community property" but what determines "community property?" The issues that arise around property division may become complex and complicated. It can be a very subjective issue when, for instance, how much one spouse contributed to the financial success of the other is being presented for a judge to decide.  If you are going through a divorce or legal separation, Attorney Marc E. Mitzner is knowledgeable about pursuing the complexities of such cases and presenting them to the Courts so that his clients' rights are fully protected.

What is "Community Property"?

A simple definition of community property may be something like this:

All earnings and everything acquired with those earnings, during the marriage. And, all of the debts incurred during the marriage- unless the creditor was looking for payment from only one spouse, from the beginning of the debt.

Therefore, gifts or inheritances given to only one spouse, personal injury awards received only by one spouse, and any pension (if the spouse started to receive the pension before he or she was married) would be considered "exempt " from being considered "community property.

A business which only one of the partner's legally owned prior to the marriage would remain under the ownership of that person - however, if the other spouse can show that after the marriage they contributed to the growth of the business - a portion of those  profits  which were made after the marriage, may be considered "community property " by the Court.  In that way the business may become considered "community property "either in part or in entirety, depending on the individual and specific situation.

If the two spouses purchase property with mixed funds, ome from one spouses individual funds and some from "community property " funds, that item is usually considered 'community property' none the less.