Why Separate Property May Be Considered Community Property

When two people decide to end their marriage, they may not be prepared for what can occur during the divorce process. There have been couples who find it easy to agree on certain issues and avoid disputes during the process, but this not something many people are able to do, especially when it is a high asset divorce. Because there is a lot at stake, people may find it difficult to agree on almost all matters they discuss, but property division is one topic that people may find the hardest to discuss.

When a couple is divorcing and have to discuss property division, they may become frustrated at the thought of having to divide things. This conversation can go smoothly, but certain things may cause them to get upset. This is likely to occur when one spouse believes that property they owned before marriage that they considered separate, is now considered marital.

Property that a spouse acquired before they were married may become community property for a number of reasons. One common reason is that the person they married contributed to maintaining this property, such as the house or business. Often, when people are married, and one spouse has a business or owned a house, the person they married may find themselves contributing in some way, even if it is something as simple as paying the utility bills. To avoid this, people who own a home before marriage can purchase a separate home with their spouse using commingled funds instead of living in the home they purchase with their own funds.

High asset divorces may be a bit more difficult than others, but that doesn’t mean spouses can’t walk away with what they want. Ideally, if people are able to remain calm and discuss divorce matters without it turning into a heated dispute, they should be able to figure things out and avoid going before a judge. Regardless of how couples decide to handle the negotiations of alimony, property division and more, it would be wise for both parties to have a knowledgeable attorney by their side.

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