Property division with quasi-community and community property

A couple in California that is getting a divorce will likely have various items that they would like to keep. It can be difficult determining who gets what when there was property obtained during the marriage, various assets that might not have been acquired while the couple was married, items that each side claims are non-marital property and a complex property division. In California, it is important to know what community and quasi-community property are when trying to divide up items from the marriage and do so in a way that will satisfy both parties.

Community property is basically whatever the couple owns jointly. It can include what was purchased while they were married and can include debt that accrued. Not included in community property is an inheritance or a gift. Also included in community property are any earnings that the spouses made while they were married and the things that were purchased with that which was earned. Often, it can be determined whether or not the assets are community property based on what was used to purchase it. If a home was bought with a combination of assets from both spouses, then this will be community property. Community property will be divided evenly under state law. Debt is also divided equally.

Quasi-community property is property that the was gained by one or both people in the relationship when they lived in a different state. If they had been living in California when the item was acquired, then it would be considered community property. An example might be a real estate purchase, a vacation home or a vehicle. If it is determined that if the property was bought in California, then it would be community property, it will be viewed as quasi-community property.

One of the most contentious issues when a couple in California parts ways is what will be deemed community or quasi-community property and what will be viewed as non-marital property. Given the value of certain goods like a home or assets that have accumulated in a portfolio, this is no surprise. When there is a divorce on the horizon or a parting of the ways is ongoing and a disagreement about community and quasi-community property, getting more information about property division can help with navigating the situation.