What is Marital Property in a Divorce?

Making the decision to divorce your spouse is never easy, especially if you have plenty of property to consider. What counts as marital property, and how do you split it?

That’s why the Rancho Cucamonga divorce attorneys at the Law Office of Laurence J. Brock are here to help you navigate through your settlement. We know what you are going through, and can help you through the paperwork and even through court to ensure you’re getting the property you’re due during a divorce. 

What Is Marital Property?

When it comes to marital property, you will likely see two basic terms are thrown around: separate property and community property. 

Separate property is the property that you or your spouse owned or owe on your own before or after marriage. Community property is what you and your spouse own or owe together, which took place during your marriage. 

When deciding whether a piece of property is separate or community, you will have to look at your date of marriage as well as your date of separation. The California courts system uses the following to define separation:

• The day that one of you let the other one know (by actions or words) that they wanted to end your marriage.  
• After that day, your or their actions were consistent with wanting to end your marriage.

This specific definition is used to better define the term in the eyes of the court. However, the couple will often determine their date of separation themselves, as separation could be considered the date that one spouse moved out or the date that both spouses agreed to end their marriage. 

What Is Community Property? 

Community property is considered any of the following: 

• Debts taken on while married
• Earnings while married
• Anything bought or earned while married

California follows the law of community property, meaning that any property acquired during a marriage by a certain spouse is typically assumed to belong to that spouse. However, there is an exemption to the rule: the estate. According to California law, the community estate must be divided equally by both spouses.

How Is Student Debt Split? 

While many debts and assets are decided based on whether it was gained during your marriage, student debt is different. Whether you take out a student loan before, during, or after your marriage, it will be considered separate property. 

In some cases, if you used community money to pay for your student debts, your spouse will be reimbursed for their share of the expenses. Talk with your lawyer about any expenses like these when discussing your options for splitting property. 

Divide Property with a Rancho Cucamonga Divorce Attorney

Uncertainty and confusion are normal in the case of a divorce. Your decision to file a divorce from your spouse affects yourself, as well as your family and finances. That is why our team at The Law Office of Laurence J. Brock is here to help you.

We work closely with you every step of the way, preparing you for what to expect during your case. When you’re ready, reach out by calling 909-466-7661 or by completing the online contact form below.