In a marriage, all of your property is divided into two categories: real and personal.
Real property includes your home and any land you own. Personal property is everything else, such as furniture, financial accounts, clothing, art and even knick-knacks on the shelves. All of your property can be referred to as your marital estate.
When going through a divorce in California, the general rule is that everything is split evenly between the couples. Of course, this rule applies to both assets and debts.
Separate property is everything you came into the marriage with. In most cases, separate property stays with the party that brought it into the marriage as long as it hasn’t become part of the marital estate. This can include a piece of furniture that is kept in a spare room or gifts that were given for a birthday or inheritance.
If you have questions regarding the distribution of your property and its effect on you, contact an experienced Orange County Family Law attorney who has your long-term best interests in mind and can help you determine whether your property is separate or joint property or a debt.
