Effect of Commingling on Characterization In general, the “commingling”—mixing—of separate and community property into one whole does not...

Standards for Award of Attorney’s Fees and Costs [1] Respective Income and Needs of Parties When a party requests an award of attorney’s...

Nature of Transmutation “Transmutation” is the term used to describe a conversion of the character of property from separate to...

Effect of Sole Title [a] Resolving Potential Conflict in Presumptions The “common law form of title” presumption, discussed in [1][b],...

Title, or record ownership, of property may be a relevant consideration in characterizing property acquired during marriage as separate...

Treatment of Property Acquired During Marriage [a] General Rule The most basic principle of the community property system is recognition...

Future or Contingent Rights [A] In General Time of acquisition may be at issue if a party acquires only a “contingent” or future interest...

Summary of Characterization Factors The four major factors that determine the characterization of property as separate or community are:...

Attorney Francisco M. Zavala has been a CA licensed divorce and child custody attorney for over 25 years. Attorney Zavala graduated from...

Apportioning Community and Separate Interests in Real Property [1] General Concept of Apportionment Apportionment typically involves a...

F.C. § 852. Form of transmutation (a) A transmutation of real or personal property is not valid unless made in writing by an express...

A basic rule of a community property system is that all property acquired during marriage is community property unless it comes within a...

Except as otherwise provided by statute, all property, real or personal, wherever situated, acquired by a married person during the...

F.C. §770 Separate Property Defined In general, property owned by a spouse is that spouse’s separate property if it falls into one of the...

(a)Except on written agreement of the parties to the contrary or a court order terminating spousal support, the court retains...

Community property is defined under current law as “all property, real or personal, wherever situated, acquired by a married person...

If spouses own property as true tenants in common or as true joint tenants, each has sole control of a one-half undivided interest in the...

F.C. 770 Separate property of a married person includes all of the following: (1) All property owned by the person before marriage. (2)...

“Valid marriage” means a marriage that is valid under the law of the state (which includes any foreign country) in which the marriage was...

A spouse’s name does not change upon marriage, unless the name change is expressly requested. F.C. 306.5