Play video

The Characterization Process

Learn about the process courts use to characterize property as separate property or community property when a marriage ends.

Transcript

When a marriage ends, courts are often called upon to determine the proper distribution of property between spouses. Community property, which is owned by both spouses, is subject to division in a dissolution proceeding. But separate property, which is owned by one spouse, remains solely that spouse’s property and isn’t subject to division. Consequently, before making any decision regarding property division, a court must first characterize each asset as either community or separate property....

Lessons

1. Welcome to California Community Property
  • Welcome to California Community Property
2. Property in the Marriage Context
  • Creation of the Marital Economic Community
  • Community Property Versus Separate Property
  • The Characterization Process
3. Characterizing Property
  • Work-Related Compensation
  • Business Interests
  • Other Personal Property
  • The Marital Home
  • Title Forms for Real Property
4. Management, Control, and Liability
  • Management and Control of Personal Property
  • Management and Control of Real Property
  • Fiduciary Duties
  • Liability for Debts
5. Modifying Rules by Agreement
  • Premarital Agreements
  • Defenses to Premarital Agreements
  • Transmutation Agreements
6. Distribution on Dissolution or Death
  • The Dissolution Process
  • The Impact of Separation
  • The Distribution of Assets and Debts on Dissolution
  • Spousal and Child Support
  • The Distribution of Assets and Debts on Death
7. Nonmarital Relationships Affecting Property
  • Registered Domestic Partnerships
  • Void and Voidable Marriages
  • Marvin Relationships