California Divorce Attorneys
July 18th, 2010
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Separate property laws in a divorce in California?
Can I claim community property as separate property after my separation date? I’ve been told this by a couple of attorney’s.
That’s surprising. My ex also got some pretty foolish advise – he says from an attorney. He decided to try and rip me off instead of just talking to me about it. He was quite mistaken & has had to pay everything he owed.
Claim it where? All community property is addressed in the judgement. Property you got after separation is generally considered your separate property – that is also written into the judgement. I wouldn’t attempt to buy something using community assets, though.
I’m not exactly sure what you’re asking. If you try to get rid of something that’s community property, you will still owe the other person 1/2 of it’s value. In my opinion, it’s better to just lay out everything and decide w/ the other person (or their attorney) who gets what and have it put in the judgement. If you really want something – give the other person something they want in return.
Get familiar w/ family law – there are all kinds of resources on the internet. I did and it was well worth my time.
http://www.courtinfo.ca.gov/selfhelp/family/divorce/
http://www.supportcourt.com/california_family_law_code.htm
http://www.divorcenet.com/states/california/cafaq03
http://www.divorcesource.com/info/divorcelaws/california.shtml
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