DISSOLUTION OF MARRIAGE WITH CHILDREN AND PROPERTY 2025

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California: As a community property state, property acquired during the marriage is generally divided equally upon divorce. However, the pre-marriage-owned property remains separate unless actions during the marriage, like commingling funds or transferring property into joint names, have made it community property.
Premarital property As a general rule, property or assets you owned prior to your marriage will be exempted from equitable distribution. But there are always exceptions to every rule. The court may grant your ex a share of premarital assets if they have, among other things: Been added to a title or deed.
Can Your Wife Take The House If You Bought It Before Marriage In California? No, but it is possible that she might have some interest in the property if it was not carefully maintained as separate property throughout the marriage.
Can My Wife Take My House if I Bought It Before Marriage in NY? A house purchased prior to marriage is typically considered separate property. However, it may be divisible if it has been commingled with marital funds or used as the family home.
Ultimately, the family court judge will do their best to negotiate joint physical custody of your children. Theyll consider how you and your spouse allocated parental responsibilities during the marriage and whether this needs to change after the divorce. Their primary concern is the well-being of your kids.
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Property owned before marriage is considered Separate Property, and is the owners property, and generally wont be considered a marital asset to be divided in divorce. In order to maintain that property status, it must have remained only in that persons name, and paid for only with non-marital income.

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