DID YOU KNW BY ATTORNEY F.M. ZAVALA

Summary of Characterization Factors

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


1. Time of the property’s acquisition;

2.Operation of various exceptions to the definition of community property;

3.Pre-marital, post-marital, and transmutation agreements; and

4.Actions of the parties, including actions that create both separate and community property interests.

3 views0 comments

Recent Posts

See All

DEBT LIABILITY IN A DIVORCE The separate property of a married person is liable for the following debts incurred by the person’s spouse during marriage (1) A debt incurred for "necessaries of life" of

DEBT ALLOCATION IN A DISSOLUTION OF MARRIAGE On dissolution or legal separation, debts incurred by either spouse after the date of marriage but before the date of separation must be divided as set for

Because spouses occupy confidential relations with one another, when an interspousal transaction creates an advantage for one spouse over the other, a presumption of undue influence arises, and the bu