Ever heard that phrase? I hear it a lot from my two children, but I also hear it from many of my clients and prospective clients when they tell me that they do not have any property together with their spouse. Some of these clients have been married for one year and some for 20 years yet they say the same thing. I tell my clients and prospective clients that this is not possible because as long as you are married anything that you have since getting married is probably community property.

The reason many of my clients and prospective clients think that they do not have any property together with their spouse is the way things are titled. For example, cars, these are typically titled in the spouse’s name who drives the car. This does not make it yours though. Another example is bank accounts when each party has a separate bank account. This does not make it yours either. Generally, if anything is acquired during marriage it is community property and subject to division in a divorce. So that car titled in just one spouse’s name  could be awarded to the other spouse same with money in a bank account that only one spouse’s name is on. This is done to ensure a just and right division of the community property.

When your attorney asks you for an Inventory and Appraisment, a sample is included Here, you need to go through it and provide ALL of the information requested. This helps your attorney prepare your case for negotiations, mediation, and trial. Without this your attorney cannot assist you and resolving your divorce.

So while “What’s mine is mine” may work on the playground with kids, it does not work when parties are going through a divorce.

Categories: Divorce

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