Family Law Questions? Ask a Family Lawyer Online.
Hello there --
AS you are aware, any property purchased during the marriage in CA is community property (unless otherwise agreed to by the parties at the time of the purchase) and community property is subject to a 50/50 division under CA divorce laws. In addition to the community property laws, the couple is also permitted to negotiate their own terms of separation and divorce including dividing any community/marital property and if it can be done without contest between the two divorcing spouses, the court will accept and uphold any such agreed upon division of marital property. While the court will review the transfer as part of the overall property transfers in the divorce matter to make certain that the division is fair and what both parties wanted to do at the time of the transfer, the court will not step in and set aside your agreement pertaining to the division of the marital property.
I hope that helps. Please let me know if you have further questions. If not, can you please press a positive rating in the star ratings section above these message boxes so I will be paid for my time. I am paid nothing unless you press a positive rating above (the middle star or the fourth or fifth star to the right of the middle star). Doing so will not cost you any additional money -- it simply acts as the trigger to Just Answer to pay me for my time assisting you tonight. THANK YOU VERY MUCH