Property division is an issue in
divorce cases that the parties and courts end up spending much time litigating. For
many people in California, property division isn’t a significant
issue because the average married couple doesn’t acquire assets
or property that raise complicated legal issues.
However, sometimes a married couple comes across property that requires
them to trace its acquisition to a source that determines whether the
property should be divided in divorce as the couple’s community property.
General Community Property Principles
California is a community property state. Under California law, the parties
in a divorce are entitled to an equal share of all community property.
All property that a married couple acquires during marriage is community
property unless clear evidence indicates that an asset or item of property
is the separate property of one of the parties.
All property that a party acquires before marriage or after the date of
permanent separation qualifies as their separate property. Furthermore,
assets a party acquires during marriage through gift, bequest, or devise
is considered to be their separate property. Additionally, the parties
may determine the character of property as community or separate under
a written agreement.
Tracing Assets to Determine Their Community or Separate Property Character
Under California law, all property that the parties own is presumed to
be community property. As a result, a Tracing is a process of showing
that a particular asset or item of property is attributable to a separate
Tracing becomes necessary in situations where the parties acquire property
during marriage through multiple transactions. Real estate transactions,
refinancing, and business transactions may require tracing to establish
the true character of an asset. For example, a home that a married a couple
bought using the income earned during marriage in addition to funds either
of the parties inherited can be attributed to a mix of community and separate
property funds. In such situations, experts such as forensic accounting
professionals and Certified Public Accountants are usually responsible
for developing and supporting tracing issues.
Get Quality Advice from an Experienced Attorney Today
Property division issues such as tracing assets are complicated matters
that legal professionals should handle. At Hanson, Gorian, Bradford &
Hanich, you can benefit from the experienced advice and advocacy of our
legal team regarding tracing assets for property division purposes. We
have connections to reputable financial experts you can rely on to effectively
support your position regarding complex financial issues like tracing assets.
For more information about how Hanson, Gorian, Bradford & Hanich can
help you, call us at (951) 687-6003 or
contact us online today.