Property Characterization and Division

How are property and assets to be divided in a Carlsbad and North County divorce?

The community assets and debts of the parties are to be divided equally between them.

What constitutes community property?

Any asset or debt which is incurred or acquired by either party or both from the date of their marriage to the date of separation is to be considered community property.

What is separate property in a Carlsbad or North County divorce?

Any asset, debt or account which was owned by either party prior to the marriage and kept completely separate from the funds and accounts of the community should be considered as separate property. This also applies to properly structured inheritances and other family related gifts.

Are retirement accounts and pensions part of community property?

Yes, generally speaking all contributions to retirement or pensions or the growth of the account(s) during the course of the marriage are usually considered to be community property. Community property must be divided equally between the parties.