Monday, May 28, 2007

Division of Property in a California Divorce

Community Property
California is a community property state. When the divorce court divides property, community property is divided equally among the spouses. Community property is anything that is aquired during the marriage through time, effort or skill.

Separate Property
What is not community property in a California divorce proceeding is separate property. Anything not acquired by the time, effort of skill of either party is separate property, including gifts and inheritance.

Division of Debts
Commnity debts in a California divorce are divided equally between the parties. Separate debts are assumed by the party who incurred them as his or her sole and separate obligation.


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In Georgia, we divide marital property and debts equitably. Marital property is anything acquired during the marriage unless it was a gift or an inheritance. The question of what is equitable is up to the divorcing parties to agree to or for a court to decide after hearing all of the relevant evidence

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