Couples going through a divorce must decide how to divide their assets and debts or ask a court to do it for them. Under California community property laws, the assets and debts that spouses acquire during marriage belong equally to both of them, and must be divided equally in a divorce. One spouse uses the money they earned before they were married as a down payment on a house. The down payment for this new home is separate property.
The married couple uses the money they earn to make mortgage payments. This means that payments are made using community assets. The principal (value) resulting from the mortgage loan repayment is community property. The capital of the house is now part of the community and part of separate property.
A judge can order child support to cover various expenses. This can include basic necessities such as food, clothing and shelter, as well as other costs such as health insurance, child care, travel costs for visits, and the cost of extracurricular activities. You or your spouse must have resided in the State of California for at least six months and have resided in the county where the divorce is being filed for at least three months before filing for divorce, except in the case of same-sex marriages, 1.The wife may be entitled to half of the pension funds contributed throughout her marriage. Unless otherwise indicated by court order, the wife is entitled to 50 per cent of all property acquired during the course of the marriage.
If you live in California, you'll need to know the specifics of how divorce works in the Golden State. It will involve the discovery of both parties, and a judge will reach the final decision on the terms of the divorce. For others, this is a day when both spouses agreed that their marriage was over and made plans to divorce. You or your spouse must have been a resident of the State of California for at least six months and a resident of the county where the divorce is being filed for at least three months before filing for divorce, except in the case of same-sex marriages.
Therefore, the party filing for divorce does not have to give a reason or prove that the other spouse did harm to you. When you file for divorce in California, any property you acquired before marriage, during your marriage by gift, intention or bequest, or after the date of legal separation is considered separate property and will legally remain yours after the dissolution of your marriage. If your spouse was convicted of a violent sexual offense or domestic violence crime against you and you file for divorce within five years of conviction and of any time in prison, probation, or probation, you cannot be ordered to pay spousal support. Her husband inherited a house and some shares from his aunt, and the house and shares are in his name only.
Therefore, parties can benefit from focusing on commitment and agreements when resolving a divorce in California. When love doesn't end up existing until death do you part, you'll have a maze of legal and financial challenges to overcome as part of your divorce. Only marital assets are subject to division in a divorce, as they are considered to be shared between the spouses. Knowing what you are entitled to in a divorce is vital to protecting yourself and making sure you get what you deserve.