Orange County Community Property Lawyer

How is property divided during a California Divorce?

The California Family Code requires an equal division of the marital estate. Each spouse is entitled to 1/2 of Community Property, which is property acquired during marriage, with certain exceptions for gifts and inheritances.

Separate Property is typically property that you acquired either before marriage, after separation, or by inheritance. However, there are situations where a portion of one spouse's separate property can become community property.

Moore-Marsden Formula

A common example of when separate property can unknowingly become community is when one spouse owns a home from before marriage but pays down the mortgage with income earned during marriage. In this scenario, the courts apply what is called the Moore-Marsden calculation to determine what percentage of the home belongs to the community.

There are many online calculators that can help you determine this amount if you have all the necessary information. However, often times critical information such as the value of the home and the mortgage balance at time of marriage are not readily available to one or both spouses. A lawyer that understands the California Discovery Code can help identify how to get all the information necessary to make sure the community estate is being divided equally.

What happens if my ex tries to hide assets from me during a divorce?

The courts hold married persons to the same fiduciary standards as business partners. This means that you owe each other the "highest duty of good faith and fair dealing.If you are caught witholding information or an asset, the remedy can sometimes be that the other party is awarded 100% of that asset. Depending on the conduct, it may be that they will have to pay the innocent party's attorney fees as well.

Can I sell property during a divorce?

In every Family Law case, there are Automatic Temporary Restraining Orders (ATROS) which limit what the parties may or may not do with their property. One of the specific acts you are restrained from is transferring, disposing, or concealing community or separate property without the other party's written consent. There are limited exceptions to this general rule, such as if the act is within the "usual course of business" or required for the "necessities of life."

It is important to understand that the ATROS are a valid court order, and failure to adhere to them could result in monetary sanctions or possibly even being held in contempt of court. Before taking any action regarding property during the middle of the divorce, you should carefully analyze the ATROS and determine whether you may fall into one of the limited exceptions.