Are you a Californian considering how your assets would be treated in divorce? Well here’s a a simple
way to think about it.
There’s a commercial for a candy bar, that states “You’re not you when you’re hungry?” Well, the best
way to think about California divorce and how property is divided is to remember this saying, “You’re
not YOU when you’re married.” In function, you are half of the marriage during that time.
That is to say that ANYTHING you invest time in the marriage. California divorce law is very clear.
Everything worked for during a marriage, a salary or wage, where the money from that salary or wage is
invested, a pension, everything is likely to be divided 50/50. If you commingle funds from an investment,
it’s going to be split 50/50.
Did one spouse work hard and the other not work at all? Doesn’t matter, both are entitled to 50/50 of
the marital property. Did one spouse save wisely while the other blew money irresponsibly? Doesn’t
matter, both are entitled to 50/50 split.
To be clear, things that would have belonged to YOU regardless of the marriage may still be yours.
Community property (more easily understood as property of the marriage) only applies to items that
involved effort during the marriage. If a relative dies and leaves you an inheritance, the presumption is
that you were going to get that inheritance anyways. Even still, if the inheritance involves a title transfer,
such as the inheritance of a house, you’re spouse will STILL be expected to sign an INTERSPOUSAL
TRANSFER DEED, waiving any claim to it.
This same logic applies to items that are clearly defined as belonging to you before the marriage without
getting blended in. This is why prenuptial agreements matter.
So if you’re considering divorce, remember, you’re not YOU when you’re married.