What does the law say about community property purchased during the marriage but paid off after separation?

Question

I purchased a family cemetery plot in December. Paid a down payment and monthly payments. I filed for divorce in July, the following year,so seven payments total during the marriage.ended up paying off plots two years later after separation.  Ex is asking to be bought out of the plot for FMV. Judge advised ex that I was only to pay her half of what was paid during the marriage. Ex is contesting. What does the law say and where can I find it?

James L. Arrasmith · Answer

Under California law, assets acquired during marriage are generally considered community property and subject to equal division between spouses upon divorce. However, if an asset is purchased during the marriage but paid off after separation, the issue of whether it is community property or separate property can be more complex and depend on several factors. 
 
In your case, it appears that the cemetery plot was purchased during the marriage, and therefore may be considered community property. However, the fact that you continued to make payments after separation could be argued to make the asset partially separate property. 
 
According to California Family Code Section 2550, all property, regardless of when acquired, is subject to division upon divorce. However, Family Code Section 760 states that separate property is defined as "all property owned by the person before marriage, acquired by gift or inheritance during marriage, and any rents, issues, or profits of separate property." The question becomes whether the continued payments after separation constitute community property or rents, issues, or profits of separate property. 
 
It's important to note that property division in divorce cases can be complex and may depend on various factors, including the length of the marriage, the contributions of each spouse, and the specific circumstances surrounding the asset in question. It may be best to consult with an experienced family law attorney for guidance on your specific situation. 
 
In summary, while there may be some argument that the cemetery plot is partially separate property, it's ultimately up to the court to make a determination based on the specific facts and circumstances of the case. 
 
Here are some relevant California codes pertaining to your legal inquiry: 
 
California Family Code section 760: Defines community property as all property acquired during the marriage while domiciled in California. 
 
California Family Code section 2581: Provides that community property may be divided equally between the parties in a divorce. 
 
California Family Code section 2603: Provides that community property may be divided unequally if the court determines that equal division would be unjust. 
 
California Family Code section 2550: Defines community property as having equal value unless there is a written agreement between the parties providing for a different division.

Q: What does the law say about community property purchased during the marriage but paid off after separation?