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How Does The Date of Separation Affect My Property Rights in My California Family Law Case?


As a general rule, all assets/accumulations and debts/liabilities acquired during the marriage are community property subject to equal division on legal separation or divorce. For example, if you deposit your salary during your marriage, that salary is considered community property and one half of that salary belongs to your spouse. Similarly, if you incur a debt on your credit card for the benefit of the community (groceries, repairs, bills etc.), your spouse is responsible for one half of that obligation. However, once you separate from your spouse (after the date of separation), all assets acquired or debts incurred are the separate property of the party acquiring the asset or incurring the debt. With the new Davis case, parties can theoretically file for divorce but still be required to split their post-filing assets and debts with their spouse provided they current reside together.

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