What is Community Property?

Helping Couples Divide Their Community Property

The division of marital property is one of the most contentious divorce-related issues. One critical determination to be made regarding property division is that of community versus separate property.

At the Law Offices of Randy W. Medina, APLC, we guide clients through the process of property division. However demanding this process can be, we work hard to come to a fair resolution/agreement with our clients best interests in mind.

To schedule a consultation with divorce attorney Randy W. Medina, contact us online or call our Pasadena, California law office at (626) 432-1975, or toll free at (800) 387-5575.

What is Community Property?

Community property is any property acquired by either spouse between the date of the marriage and the date of separation. The date of separation does not refer to physical separation, but rather the point in time in which the couple realized that the marriage was beyond repair.

There are, however, exceptions to the community property rule. Certain property acquired during the marriage can be classified as separate property, including gifts and inheritances. Learn more about separate property here.

What if one Person Worked Primarily During the Marriage?

Even if one spouse was the primary income provider during the marriage, any property acquired during the marriage is still classified as community property. This includes any debt acquired during the marriage.

Are Work Benefits, Retirement Funds, and Pensions Considered Community Property?

Yes. These benefits are considered community property, as long as they were acquired during the marriage. However, assets acquired before the date of the marriage, and after the date of separation, are considered separate property. This includes retirement funds, 401(k)’s, pensions, etc.

Contact Us

To schedule a consultation with a community property division lawyer, contact us online or call our law firm at (626) 432-1975, or toll free at (800) 387-5575.