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Apr 25, 2023 · If you have a valid judgment from another state, it is possible to have it recognized and enforced in California through a streamlined process known as domestication. Domestication is the legal process of recognizing and enforcing an out-of-state judgment in California. It is governed by California Code of Civil Procedure Section 1710.10 et seq.
Jan 19, 2022 · First Cmty. Bank (In re Miller), 517 B.R. 145, 152 (D.Ariz. 2014), a judgment was entered against the husband Larry Miller and not his wife, Kari Miller, in Arizona. 517 B.R. at 147. The judgment was later domesticated in California, and the Arizona District Court determined that Arizona laws should apply under the principles of full faith and ...
- John Ahn
California is a community property state. In plain English, this means that generally, property acquired during the marriage by either spouse is presumed to be owned by each spouse equally. When it is time to divide all of the property existing at the time of separation, Family Code Section 2550 requires the community estate to be divided equally.
- Community Property Laws in California
- Real Property Acquisition and Ownership in Marriage
- Transactions Involving Community Real Property
- Property Division in Divorce and Death
- Legal Expertise in Community Property Disputes and Transactions
The Basics of Community Property
California’s community property statute, effective for property acquired on or after January 1, 1975, establishes that each spouse or domestic partner has equal management and control over community property (Cal. Fam. Code § 1100(a)). Community property includes assets acquired or income earned during the marriage while residing in California (Cal. Fam. Code § 760).
Equal Management and Control: What It Means
Having equal management and control means that both parties must participate in major decisions affecting the community property. This shared responsibility ensures that each person’s rights are protected in the management of these assets.
Default Ownership Rules
In California, real property acquired within the state during the marriage is considered community property. This means both spouses have an undivided ½ interest in such property, regardless of whose name appears on the title or deed.
Alternatives to Community Property Ownership
Couples may opt for different forms of ownership like tenancy in common or joint tenancy with the right of survivorship. However, this intention must be explicitly stated in writing or clearly indicated in the property’s deed or title.
During the marriage, both spouses must actively participate in significant transactions involving community real property. This includes leases exceeding one year, sales, and encumbrances, such as mortgages or loans against the property (Cal. Fam. Code § 1102(a)).
At Divorce
Upon divorce, community real property is typically divided equally between the spouses.
At Death
The rules vary in the event of a spouse’s death. If a spouse dies intestate (without a will), the surviving spouse inherits all the property. If there is a will, the surviving spouse is entitled to half of the deceased’s community property. The designation of “community property with the right of survivorship” allows the surviving spouse to own the property entirely upon the other’s death, independent of other estate provisions.
Real Estate Attorneys at Schorr Law have extensive experience in resolving disputes and managing transactions involving jointly held real property, including community real property. For expert legal consultation, contact us at info@schorr-law.com or call (310) 954-1877.
Sep 6, 2023 · Filing fees and a list of the mandatory forms. To issue and serve a subpoena, we need the following items for each. $45.00 filing fee due to the Superior Court. Copy of the foreign subpoena issued by the other state. Completed Application for Discovery Subpoena to SUBP-030. As requested by California, I’ve fulfilled the required request for a ...
In California, real property conveyed to a married person, or to a domestic partner is presumed to be community property, unless otherwise stated (i.e. property acquired as separate property by gift, bequest or agreement).
Feb 15, 2024 · Have peace of mind without a long wait or industry standard retainer. Get the right guidance - Schedule a call with a lawyer today! LEARN MORE. A family law lawyer can assist you with the sale of community property without consent in California. Call LegalMatch at (415) 946-3744 today!
