Community property stays as community property even if a spouse opens a separate bank account, or uses that money to invest in a property only in his/her name. For example, just because a wife deposits a paycheck into her separate account, and calls it her separate property does not make it so. If there is a divorce, income and property can be backtracked to their source, which ultimately determines whether it is community or separate property.
There are some main categories of separate property and they include property that was acquired before the marriage, inheritances and gifts. There can be many other separate property distinctions, but it depends on the specific circumstances of the case. Separate property can be used to fund a community property item, but it can be determined upon divorce how much that spouse would get back. Inheritances and gifts to an individual would likely remain separate property.
There are many intricacies involved in divorce proceedings and the splitting of the assets and debts. To consult with a Modesto family law divorce attorney, call Howard & Fei, LLP at 510.464.8083 or go to our website.
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