UNDERSTANDING COMMUNITY PROPERTY LAW
California, along with eight other states, uses the theory of Community Property to manage marital property. Community Property applies the presumption that all money earned by a married party is equally owned by both parties in the marriage unless an exception applies. Upon dissolution of the marriage, the married party divides their estate equally. Possible exceptions apply such as inheritance, earnings made from separate property during marriage, and student loans if incurred recently. Parties can overcome the presumption of Community Property through a written agreement.
PREMARITAL AND POSTMARITAL AGREEMENTS
Both premarital and postmarital agreements provide exactly the same protection to parties in a marriage. The difference is merely semantic and dependent upon when parties enter into the agreement. Another difference addressed in the document itself is to identify the characteristic of money held during a marriage prior to entering into a postmarital agreement. Since the postmarital agreement implies the parties married prior to entering into the agreement, the agreement must address earnings that occurred during the marriage. Regardless the title, the agreement can address how to characterize earnings of the parties and how to divide property at the time of dissolution.
Certain family law issues cannot be modified freely in the agreement. These include, but are not limited to child support, supporting a spouse during marriage, and spousal support during and after dissolution, to an extent.
Procedural requirements also exist for entering into the agreement. Both parties should have individual representation to determine the validity of the agreement. If one party does not have attorneys, that person must have seven days to review the agreement before signing.
MARITAL DISSOLUTION
Dissolution of a marriage must occur in the county of residents of the party seeking to dissolve the marriage. The party must file appropriate documents with the Family Law Court. The Courts will provide family law facilitators to any individuals who do not have the recourses to obtain proper representation. The facilitators cannot help with complicated property issues. Custody issues can also be addressed by appointed representatives of the court if parties do not have representation or cannot agree upon acceptable arrangements.
ADDITIONAL QUESTIONS
If you have additional questions, contact your local Family Law Court or contact an attorney.