When you are in a state of bliss during a pending or current marriage, the last matter you may be contemplating is what might happen to your separate property in the event of a divorce.
The best way to avoid any confusion regarding separate property is to be aware of the conditions surrounding the separate property and to act prior to a potential divorce.
Defining Separate Property
Separate property can include cars, homes, boats or RVs, jewelry, stocks, bonds, gifts, inheritance, or other. This property has been acquired by one spouse with his or her own funds or through a gift or inheritance either before the marriage or after the date of separation and not commingled with marital funds.
Separate property can also include gifts by a third party during a marriage or money received by one spouse for pain and suffering from a personal injury lawsuit.
Once the property has been commingled, the property is no longer considered separate, and California courts may decide to distribute the property equally between the spouses.
How Can I Protect My Separate Property in the Event of a Divorce?
Consider establishing a pre-nuptial or post-nuptial agreement. A lawyer who specializes in pre-nuptial or post-nuptial agreements can help you draft an agreement that protects you and your assets or advise you about one that you might be asked to sign. For tips on whether you need a pre-nuptial agreement, read our blog, Deciding Whether a Prenuptial Agreement is Right for You and Your Partner.
Keep separate accounts. In the event one spouse has received money or inheritance, that property would still be considered separate property as long as the funds are deposited in a separate account.
Contact Mendes Weed, LLP for Help with Your Divorce
Mendes, Law PC is able to help you with matters pertaining to your divorce. Located in Walnut Creek, we serve clients in the surrounding areas including Danville and Alamo. Contact us for more information.
Disclaimer: The tips and materials provided in this email are for informational purposes only, offered as public service. No information in this email should be considered legal advice or used as a substitute for legal advice. For legal advice, you should contact an attorney directly.
Mendes Weed, LLP offices are located in Walnut Creek and our skilled attorneys provide family, tax, business and trust law assistance for clients. For your convenience, we also have attorneys' offices in San Francisco and Sacramento by appointment only.
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