Money that can’t be touched in a divorce can include any that you received before getting married, a gift or inheritance that was given to you during your marriage, or income earned following the date of your separation from your spouse.
Talk with a property division lawyer for men in California if you’re not sure about what money cannot be touched in a divorce. Your lawyer can give you information about community property laws in California.
If you’re in the middle of a divorce or starting the process of separating from your spouse, your lawyer will work hard to protect your money and assets.
What Money Can’t Be Touched in a Divorce in California?
In California, separate property can’t be touched in a divorce. This property consists of money and assets owned before marriage, received as gifts, or acquired after the date of separation. In addition, inheritances, regardless of when they are received, are generally safe in divorce proceedings.
Sometimes, commingling happens in a marriage, and separate property and community property become mixed. If separate property, including money, becomes commingled, California family courts will view it as community property, and it becomes subject to a 50/50 division if a couple divorces.
Of course, if you have separate property that you don’t want to be touched in your California divorce, you will need proof to verify its status. Since California is a community property state, if you can’t show a family court that your property is separate, it could be divided between you and your spouse once your divorce is finalized.
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What Money Can Be Touched in a Divorce?
The money and assets acquired by you or your spouse during your marriage until the date of separation can typically be touched in a California divorce.
Examples of community property that could be split 50/50 between you and your spouse in your divorce include:
- Earnings
- Retirement accounts
- Real estate
- Businesses
- Cryptocurrency
Get legal help if you have concerns or questions about property and debts in your divorce. Property division attorneys for men and fathers know the challenges that you will face as you look out for the future of you and your children. They will make sure that you’re treated fairly and equitably as you and your spouse negotiate the division of property in your divorce.
Exceptions to Money That Can’t Be Touched in Your Divorce Case
Commingling is a key consideration relative to the money that you don’t want touched in your divorce case. If you receive money through a gift or inheritance and deposit it into a joint checking account, it will be considered “marital property.” At this point, your money is considered community property, and it is subject to a 50/50 split.
Beyond this, appreciation can play a role in the outcome of your divorce case. For example, you purchase a home before you get married. During your marriage, you and your spouse jointly pay for home improvements, and the value of your house increases. In this situation, the increase in your home’s value may be divisible between you and your spouse.
If you’re a man or father who’s worried about what will happen to your house in a California divorce, help is available from property division lawyers. Your attorney can evaluate the specifics of your situation and provide you with personalized solutions to help you safeguard your money and assets in your divorce.
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Tips to Help You Secure Your Money and Assets in Your California Divorce
Partner with a property division attorney who will give your legal matters their undivided attention.
Your lawyer will advise you to do several things to protect your finances during your divorce case, such as:
- Make a list of everything that you and your spouse own. This will help you differentiate between separate and community property.
- Gather evidence. Retrieve bank statements, tax returns, pay stubs, and other financial documents to support your case for keeping your money and assets.
- Be transparent. Don’t hide your money and assets, as doing so is illegal and can cause you to lose credibility in the eyes of a family law judge.
Remember, the steps you take today can have far-reaching effects on whether you’re able to secure your money and assets in your divorce. Ask for help from property division attorneys, and you will be well-positioned to make informed legal decisions that serve you and your children well for years.
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Learn More About the Money That Can’t Be Touched in Divorce Proceedings
California has laws in place regarding the money that can and cannot be touched in divorces. These laws are intended to protect the rights of the parties involved in a divorce case.
With a clear understanding of California’s divorce laws, you’ll be better equipped than ever before to avoid costly mistakes as you separate from your spouse.
The legal team at Reel Fathers Rights has over 300 years of combined experience. We can tell you about what money is able to be touched in your divorce case and how to protect your funds and assets in alignment with California law.
For more information, schedule a case consultation with us.
Call or text 951-339-3826 or complete a Case Evaluation form