Getting a divorce can be a challenging time in your life. The process of permanently separating from your spouse is difficult enough, but addressing complex matters related to marital assets and child custody can make things even more grueling. While many divorces can be resolved amicably (including through divorce mediation), some spouses will look to do anything and everything they can to spite their former partner during divorce proceedings. One of the most common forms of foul play that can occur during divorce is hiding assets. If you believe that your spouse is attempting to conceal marital property, you will want to work with a family law attorney to determine your options. 

What Are Hidden Assets? 

In the state of California, all assets owned by a married couple are considered community property. In other words, any property accumulated during a marriage belongs to both spouses, barring a prenuptial agreement that states otherwise. If a spouse attempts to devalue an asset or conceal property from their spouse and the court, this is known as hiding assets. 

Hidden assets can come in various forms, but they are rarely as simple as concealing a physical item in a place where the other spouse cannot find it. Some of the most common forms of hidden assets include intentionally avoiding reporting income through tax returns or financial statements, setting up a secret bank account (which may be done through the use of a child’s social security number), or requesting that an employer delay paying wages and bonuses until after the divorce process is finalized. 

Couples who are planning to get married are not likely to be thinking about divorce. However, taking the time to consider how certain matters will be handled if their relationship ever ends can save them a great deal of difficulty in the future. By creating a prenuptial agreement, a couple can make decisions about issues such as the division of property or spousal support, ensuring that their rights and financial security will be protected, no matter what happens in the years to come. Here are some benefits that a prenuptial agreement can provide:

Protecting assets - California is a community property state, which means that property owned by married spouses must be divided equally during divorce. A prenuptial agreement can specify each spouse’s ownership rights to any property owned by a spouse prior to getting married or acquired by married spouses. This can be especially helpful when one or both spouses own business interests since an agreement can determine how business ownership will be handled and ensure that the business can remain operational after divorce.

Assigning responsibility for debts - If either spouse has significant debt, a prenuptial agreement can make decisions about who will be responsible for this debt after divorce. It may also specify how the spouses’ incomes will be allocated to pay for debt during their marriage.

In many cases of divorce in California, it is possible for divorcing spouses to avoid litigation and retain control over decision-making with regard to the division of marital property and establishing of parenting time with children. In some instances, however, it is not possible to reach a fair and mutually agreeable resolution, whether because of anger, resentment, greed, or other conflict-escalating emotions.

In high-asset divorces, particularly, there may disagreements over the division of marital property. In a California divorce, division must abide by the state’s community property law, which determines what constitutes the “marital economic community” in a marriage. If your soon-to-be ex-spouse is arguing for unfair division of marital property, claiming as separate property what is, in fact, the community property of the marriage, turn to an experienced Sunnyvale divorce attorney.

California Is One of Nine Community Property Law States

Love and loyalty are not the only considerations made by couples considering divorce. Beyond issues of emotional, physical, and spiritual well-being, there is the question of wealth. Specifically, how are assets divided when spouses divorce in the state of California?

The answers to this question are complex and bear heavily on related matters of child support, spousal support, and the ownership of real property and personal property. Governing all such inquiries is California’s status as a “community property” state in matters of divorce. An experienced Cupertino divorce attorney will understand precisely how California’s community property laws will apply to the division of assets and liabilities in the event of a marriage’s dissolution.

The Marital Economic Community Is Relevant to a California Divorce

During a divorce, everything that constitutes a marriage must split into two separate lives. While this is a natural process for some couples and even for select assets, for others, the disunion is much more complicated. Occasionally, the bond that ties the two may not ever be entirely separated, such as those with children. In other scenarios, the large assets of property division are where contentions arise. The most common question asked by couples struggling with the last scenario pertains directly to the most significant investment many couples make: who gets to keep the house?

What Is the Purchase Date of the Home?

Believe it or not, the purchase date, or closing date, of a home, can make a large difference as to who gets to keep the home. Consider that California is a community property state, meaning all items purchased and investments made during the marital union all belong to both parties equally as “community property.” Anything owned before the marriage began, after filing the divorce papers, or any items earned outside of the marriage, all are “separate property.” Separate property stays with the owner after the finalization of the divorce. However, this is not a certainty as other factors may play a factor, such as mortgage payments, improvements, and maintenance. Occasionally, a separate property home becomes community property with the right investments.