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The community property rules and 50/50 split are the default rules for a California divorce. That does not mean the parties are bound by those rules. Parties can sign a prenuptial agreement before the marriage that restricts which property and income do or will belong to each party.
The community property rules and 50/50 split are the default rules for a California divorce. That does not mean the parties are bound by those rules. Parties can sign a prenuptial agreement before the marriage that restricts which property and income do or will belong to each party.
Because California law views both spouses as one party rather than two, marital assets and debts are split 50/50 between the couple, unless they can agree on another arrangement.
If the wifes name is not on the deed, it doesnt matter. Its still marital property because it was bought during the marriage. This makes it marital property and is still split between both parties. The wife is entitled to receive either equal share or equitable share of the house.
Separate Property Property that one party owned before the marriage is not owned by the community, and thus is treated as separate, and not community property. Separate property also encompasses gifts and inheritance specifically given to one party, and property purchased or earned after the separation.
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You do not have to go to court to get legally separated, if you and the other person agree on the terms on which you are separating. Either way you are still legally married after a legal separation and cannot get remarried unless you have obtained a divorce at a future date.
While separated, you are still considered married and any sexual relations with someone who is not your spouse is adultery if it occurs before you are divorced. Any dating clause you include in your separation agreement will not change this.
An Illinois marital settlement agreement is a contract that lays out how a married couple intends to manage their child care responsibilities and divide marital property after a divorce.
Your marriage revokes a designation you may have on file. In most instances, you must be married for at least one year prior to your retirement date for survivor benefits to be payable to your spouse.
The answer to this question in most cases is, yes, if it has been at any time the family home. The relevance of this is that, as a marital asset, it is subject to the sharing principle (see Financial Provision in Divorce Cases).

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