Family
Sep. 11, 2018
Evolving definitions of the ‘date of separation’ in California
When dividing community property in a dissolution case, the determination of when the parties separated is key.
Marina Manoukian
Clark Hill PLCMarina Manoukian's practice focuses on civil litigation including business, real estate and construction litigation, as well as family law litigation at Clark Hill PLC.
In a community property state such as California, a determination of the date of separation is an important part of the division of community assets and debts. In California, assets and debts acquired before the marriage and after separation are usually considered to be the separate asset or obligation of the person acquiring it. Family Code Sections 770 and 771. As a result, a determination of the date of separation can have any impact on whether an asset or debt bel...
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