WHAT IS COMMUNITY PROPERTY?

What is Community Property?

Tim Miranda

Founding Partner

Transcript

“So in California, what is community property? The short answer is that California presumes that any property or any debt that’s incurred during a marriage is community, meaning 50/50.

The common misconception is “Well, what about me? I’m the one who went to work? I’m the one who did this. I’m the one who did that.” That’s the whole point. California doesn’t care. When you’re married they presume that it’s community property right down the middle unless it’s not.

What does that mean “unless it’s not”? Well is it separate property? That’s a whole ‘nother video. Is it defined by a prenup that would determine that that property is not community? I don’t know. The best way to avoid community property is don’t get divorced in California, don’t get divorced anywhere, have a prenup; I don’t know, maybe just don’t get married.”

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