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Divorce is challenging. One tricky part of divorce is the division of property. For this reason, it is essential to have robust and experienced help on your side. Patrick Baghdaserians is a Pasadena property division lawyer and family law specialist in Los Angeles. Patrick Baghdaserians has over a decade of experience and is someone you want on your side when dealing with the division of property to ensure the process is fair and your rights are protected.
The term “property” in the family code includes real and personal property and any interest. There are several types of properties, including:
- Community property
- Separate property
- Quasi-community property
- Quasi-marital property
In California, all property acquired during the marriage by a married person is either community or separate property. Community property is all property acquired by a California domiciliary during the marriage that is not specified as separate property. Separate property is all property acquired before the marriage, as well as:
- Property acquired by gift or inheritance.
- Produced by separate property such as rents, issues, and profits.
- Acquired after the date of separation.
In some cases, property acquired during the marriage can still be separate property. Usually, this occurs when one spouse receives the property with that spouse’s funds. Generally, the property has been deemed either community or individual based on the acquisition time. The term “acquired” can mean different things. It can be when the property was purchased, for example, when an automobile was purchased. In addition, “acquired” can also mean over some time. For example, over some time, I worked to earn retirement benefits.
Quasi-community property can be either natural or personal property. This property that either spouse acquired while domiciled outside of California would have been the community property if it was acquired in California. Quasi-marital property is property acquired by parties who have an invalid marriage. If not for this invalid marriage, the property would have been the community or quasi-community property. However, the property is considered quasi-marital if either party is a putative spouse. A putative spouse has a good-faith belief that the marriage is valid.
When settling property division during divorce, many financial factors are considered. Some of these factors include:
- 401(k)/pensions.
- Stocks and bonds.
- Bankruptcy and more.
Pasadena Property Division Issues: The Role of a Pre-Marital or Post-Marital Agreement
In various circumstances, property typically considered community property in a marriage may be regarded as separate property and thus not be subject to property division when a marriage ends.
For example, perhaps a married couple entered a pre-marital or post-marital agreement. There are many smart reasons for doing so. One common reason to join such an agreement is to specify that a particular property will remain separate instead of being regarded as community property.
At Baghdaserians Law Group, we can help you draft and enter into such an agreement if you’re getting married soon or have already done so. If your marriage is ending, we can show that an existing pre-marital or post-marital agreement is enforceable, citing it to prevent you from losing assets that such an agreement protects. On the other hand, if your spouse is misinterpreting a pre- or post-marital agreement to keep property that should be subject to division, we can show why they are in the wrong.
Important Information About Community Property in California
Divorces can be messy. Although hiring a skilled Pasadena divorce lawyer can theoretically help you minimize much of the stress that a divorce could potentially involve, during such an emotionally fraught experience, you might be tempted to act rashly, disposing of community property to ensure your soon-to-be ex doesn’t receive it.
This is a mistake that can cost you. At Baghdaserians Law Group, one of our goals is to ensure our clients thoroughly understand what they can and can’t do with community property if they have any questions.
Specific laws and rules you should be aware of include the following:
- Unless the other spouse or partner gives their consent, neither spouse in a marriage can sell or give away community property without the other spouse’s knowledge
- Certain restrictions regarding community property transactions will be established when you file for divorce. Additionally, before a divorce is finalized, you must abide by specific rules that can apply to separate property. Expressly, until you entirely divorce your spouse, you may be unable to enter into transactions involving separately owned real estate.
Separate Property Can Become Community Property in Pasadena
Property initially considered separate can become community property in marriage through a title change. For example, perhaps you bought a vehicle before getting married. After getting married, you might have added your spouse’s name to the title. As a result, the vehicle may now be considered community property.
It’s essential to thoroughly understand these issues and nuances when getting a divorce. Once more, if you have any questions about what types of transactions you can and can’t enter into (such as borrowing against a piece of property) before your divorce is finalized, speak with your lawyer. An experienced Pasadena property division attorney can clarify what may otherwise be confusing matters.
Contact a Pasadena Property Division Lawyer Today
The marriage dissolution process can be overwhelming and stressful, and property division issues can complicate the process. Therefore, having someone with experience dealing with property division is essential when deciding who to turn to. Patrick Baghdaserians is an experienced Pasadena property division lawyer and family law specialist who has dealt with many property division cases over a decade. Regardless of the reason, divorce is challenging, so do not make the process even more difficult for yourself. Schedule a consultation with Patrick Baghdaserians.
