need to know about pre marriage money and if div happens is it comm property in st. of california?

Answer 1

THIS IS NOT LEGAL ADVICE. Do not rely on the information provided herein for any purpose. Consult an attorney for legal advice.

In California, a community property state, all property acquired during marriage is presumptively community property while all property acquired before marriage or through a will, inheritance, or gift is separate property. Property acquired while the spouses are domiciled in a non-community property state is considered quasi-community property if such property would have been considered community propert if it were acquired in California.

Whether a particular asset is classified as separate or community property depends on (1) source of the item, (2) actions taken while married that may have changed the character of the item, and (3) statutory presumptions affecting the character of the item.

Generally, pre-marriage money is classified as separate property. However, such money can change (transmute) into community property depending on what you did with the money while married. For example, if the money (not commingled) was invested in a certificate of deposit, the money and interest would stay as separate property. If that money was commingled in a bank account with community property funds, there is no presumption that you made a gift to the community. However, you would have the burden of showing that the money in the account is separate property. There are two ways to do so: (1) exhaustion and (2) direct tracing. If that money was used to invest in a business and the business value goes up, the complexity of that analysis increases substantially because how much is community property and how much is separate property depends on a number of factors (whether the Periera or Van Camp test applies). There are additional ways that the money may have transmutted during the marriage. Furthermore, pre-marriage money may stay separate property if there is a contract to that effect.

Community property is a complex area of law and an attorney should be consulted to ensure that your rights are protected. Again, this is not legal advice and should not be construed as such.

Answer 2

California Community Property laws can get complex.

Basically, anything owned by one spouse pre-marriage remains the separate property of that one spouse at time of divorce. Also, anything purchased with those separate property funds remains separate property.

However, certain actions during marriage can result in property changing its designation from separate to community, and certain event during the marriage can cause some growth in separate property assets/value to be considered community property -- the original principle is still separate, but increases may be partially community.

California Community Property laws can get complex. The best option is to have an attorney draft a pre-nup agreement that clearly sets forth what each spouse intends to keep separate.

Answer 3

Generally, any assets you own (including cash) when you enter into a marriage remain your sole property unless you make them community property through some positive act. Cash can be tricky as if you mingle it with community funds i.e. in a joint account, it may become community property.

Consider a prenuptial agreement.