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Understanding What Defines Separate Property

As part of the normal process of divorce, you and your partner will need to decide how to divide your assets once your marriage is over. While it is certainly possible to arrive at a voluntary agreement on your own, there is a chance the courts will need to settle the matter on your behalf. If the courts do get involved, they will look at all of the assets that are held in the marital estate. These assets are known as community property. The court will decide how to divide your property, ensuring the solution meets both of your needs. Anything that belongs to you alone is exempt to this process because it is separate from your marital estate.

Keeping Your Belongings after the Divorce

In order to establish that your property is not part of the marital estate, you will need to prove that the property belongs to you and you alone. Some things are easier to prove as separate property than others, including but not limited to:

  • Property or assets that belonged to you prior to your marriage
  • Gifts that were given to you during the course of the marriage
  • Inheritances that you alone acquired during the course of the marriage

Once you are ready to begin the process of determining what may and what may not be defined as separate property, our legal team will be ready to help.

Consult with a Division of Property Attorney in San Jose

If you and your partner are filing for divorce, you need to be sure to do everything you can to protect your own interests throughout the coming legal process. Speaking with a San Jose division of property attorney at the Law Office of Daniel Jensen, P.C. can help you understand is considered separate from your marital estate. Call our offices at (408) 493-0082 to learn more.

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