Protecting & Tracing Separate Property

Beverly Hills Divorce Firm Serving the Los Angeles Area

Under the California Family Code, most property acquired during marriage – regardless of how title is held – is considered community property. Every day, the family law courts are tasked with dividing community property and are mandated to do so equally.

However, like most things, there are exceptions to the general rule. The Family Code provides that in certain situations a spouse is permitted to keep his or her separate property – even if it is comingled with community property or used to purchase community property. However, to do so, a party is required to “trace” those assets back to his or her separate property. Among other things, separate property can include assets acquired prior to marriage, acquired by gift or inheritance, or acquired after separation. The complicated and difficult endeavor of tracing separate property typically requires a forensic accountant to be retained as an expert in order to work closely with the firm in finding and locating these separate property contributions.

In the family law context, this situation arises in various contexts. For example, it is typical for married couples to bring an unequal amount of wealth into a marriage. Similarly, it is common for the parents of one or both spouses to “gift” certain funds to them to purchase a family home or other asset. While this is usually not an issue before the marriage, or even during the marriage, it typically becomes a major issue during a divorce.

The statutory and case law surrounding the characterization of property in California is complicated and changing every day. The lawyers at Mansouri Law Offices have substantial knowledge and experience in addressing the complexities of preserving separate property brought into a marriage and have litigated hundreds of such cases. If there is any way to preserve your separate property, rest assured that we will find it.

Contact us today to request a consultation.