California is a community property state. “Community property” includes income earned by a married person during his or her marriage and any assets acquired using that income. Property that is not community property is called “separate property.”
In a divorce proceeding, community property is divided equally (unless there is a written agreement to the contrary) and spouses are allowed to keep their separate property. California is a no-fault state and the division of property will not be changed even if your spouse is responsible for the breakdown of your marriage.
Differentiating between community property and separate property can become complicated if family businesses, homes and real estate, stock options, and retirement benefits are involved or the marriage was lengthy.
If you are considering a divorce and have questions about your property rights, please contact the Law Office of Matthew J. Jensen for a consultation.
Compassionate and Effective Legal Representation
The Law Office of Matthew J. Jensen serves clients throughout the Bay Area, including the cities of Sunnyvale, Mountain View, Los Altos, San Jose, Campbell, Cupertino, Saratoga, Los Gatos, Gilroy, Morgan Hill, Milpitas, Fremont, Hayward, Palo Alto, Atherton, Woodside, and Redwood City as well as Santa Clara County, San Mateo County, and Alameda County.