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Separate vs. Community Property

Campbell Community Property and Separate Property in a Divorce Lawyers

Santa Clara County Property Valuation Attorneys

Understanding the difference between separate and community property is important for an individual facing divorce. In California, community property is subject to property division. The process can become extremely complex when separate and community property becomes comingled. In these cases, it is important to work with an attorney who has significant experience in California property division matters.

Contact a lawyer from the Law Offices of Robert J. Tennant in Campbell to learn how we can help you reach the marital property settlement you desire. Our attorneys have more than 50 years of combined experience helping clients through complex divorce, family law, and property division matters.

Separate vs. Community Property

  • Separate property is generally any property either spouse acquired before the date of marriage. Separate property may also include property acquired during marriage that was gifted to one spouse individually.
  • Community property is generally any property acquired by either spouse during marriage. This also includes marital debt.

Our firm is experienced at analyzing and understanding the complex issues that may arise in property division cases:

  • An inheritance designated to one spouse is generally classified as separate property. However, if that inheritance was used to improve community property, it may be partially subject to community property division.
  • A piece of jewelry gifted from one spouse to another is generally considered separate property. However, depending on the value of the jewelry, for purposes of property division it may be considered an investment rather than a gift.

We will work to protect your financial interests throughout the duration of your case, analyzing your community and separate property interests from all angles.

For more information about specific areas of our California family law practice including information about property division, visit these pages:

For more information you can use to understand community and separate property in divorce, contact our Santa Clara County law office to schedule a time to meet with a divorce attorney.