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Jan 04
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California couples, married and domestic partners are subject to community property laws. According to California Family Coder Section 760, community property is all property acquired during the marriage – not including inheritances and gifts. Separate property can be tricky when it involves property that was had before the marriage but shared during the marriage – such as a business.
Community property should be discussed in detail with an experienced Estate Planning attorney when creating an estate plan, especially if one spouse wants to leave specific assets to their children from a previous marriage. The courts tend to favor community property over separate property and property statutory laws have changed.
California Family Code Section 1500 states, “Couples can alter the law concerning community property by a written property agreement”. In addition, California Family Code Section 1615 states, “The party against whom the agreement is being enforced must have had independent legal counsel when the agreement was prepared and signed”.
It is wise for each spouse or domestic partner to have their own attorney when preparing a community property agreement or pre-nuptial agreement. If you have any questions regarding an Estate Plan, contact a skilled Riverside County Estate Planning attorney who is familiar with all California laws and can answer all your questions in a language you can understand.