Contact Courtney Family LawOur Family Law PracticeLegal ServicesHome Page

Community Property

Community Property would be characterized as all that property acquired during the marriage. This includes any earnings or income accumulated from a spouse's labor or exercise of a skill, company stock in lieu of salary, employer contributions to a profit sharing plan, stock options or other property, vacation pay, fringe benefits, and profits from a business or closely held corporation. Excluded might be such items as separated gifts and inheritance which could be classified as sepearate property.

To characterize a property as community property, separate property or quasi-community property is it necessary to determine the date the property was acquired. If the right to the property occurred during the marriage, with some exception, this would be considered community property. If acquired before the marriage or after a judgment of legal seperation it would be characterized as separate property. In the case of an annulment property acquired may fall under the quasi-marital property law.

Quasi-marital property, in the case of annulment, may be determined to benefit a spouse shown to have putative spouse status. This may occur if it can be shown that a party had a good faith belief in the validity of the marriage. In this case they could have the same rights as those afforded under community property rights.

Community Property can be seen as quite easy to distinguish for property settlement agreements. But it can often be more complex then it first appears. Where pension or other benefits are present there are issues of portioning rights to the benefits and at what point the other spouse can demand payment. When these issues arise it is best to seek an attorney with extensive experience with the financial aspects of a dissolution of marriage. Contact Elizabeth F. Courtney today!

Bookmark and Share

Elizabeth F. Courtney
909.946.7270
489-A N. Central
Upland CA 91786
Master Card, Visa and Discover accepted




Los Angeles Superior Court - Pomona Courthouse South

Avacado Heights, Azusa, Baldwin Park, Bassett, Brea Heights, Cal Poly Pomona, Charter Oak, Citrus, City of Industry, Claremont, Covina, Diamond Bar, El Encanto, El Monte, Falling Springs, Five Points, Glendora, Hacienda Heights, La Puente, La Verne, Mout Baldy, Norwood Village, Phillips Ranch, Pomona, Puente Hills, Rowland Heights, San Dimas, South San Jose Hills, Valinda, Walnut, West Covina, West Puente Valley, Westmont, Whittier Narrows, Woodside Village.

San Bernardino County Superior Court - Rancho Cucamonga Courthouse

Montclair, Ontario, Upland, Rancho Cucamonga, Alta Loma, Cucamonga, Etiwanda, Unicorporated area of Mt. Baldy.

909.946.7270

489-A N. Central
Upland CA 91786

Location Map


Pomona South
Courthouse

Map & Parking


Rancho
Cucamonga
Courthouse

Map & Parking


online at
Super Lawyers