Aaron & Aaron, Attorneys at Law
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Determining separate and community property is vital in divorce

Determining who gets what during your divorce proceedings can be a difficult task. Often, the longer you have been together and the greater your assets, the harder it is. Furthermore, it may also seem like a taxing burden when you may be more deeply concerned with matters such as child custody, or simply getting the divorce over and done with. Of course all aspects of the divorce have to be agreed upon before it can be finalized, so it could be a long process and may even have to go to court.

In a previous post we discussed the manner in which property tends to be divided during divorce proceedings. An important thing to take into consideration is whether anything you own constitutes separate or community property. This is not always clear cut, but here are a few guidelines to help you understand what is yours to keep and how to protect it. In general, this includes:

  • Personal injury awards received for pain and suffering.
  • Inheritances.
  • Any gifts given to you by a third party.
  • Any property your prenuptial or postnuptial agreement specifies as separate property.
  • Any property you acquired after your date of separation or before getting married.

As is explained in the Forbes website, everything else may be considered community property. However, property falling into the categories listed above will usually be protected. However, like all aspects of divorce, it is not quite as simple as it sounds. For example, in the case of gifts or inheritances, if you mix them with your marital assets, they may be subject to division during your divorce.

To ensure that you get to keep that which you are due, you may find the support of an attorney useful. He or she can help you understand your rights and assist you in defending your fair share during your divorce proceedings.

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