Q: Is a property purchase after the date of separation in California still considered part of the marital estate or seperat
Do I have the absolute right to partition such a property?
A:
Under California law, property acquired after the date of separation is generally considered separate property, not part of the marital estate. This means that if you purchase a property after you and your spouse have separated, it is usually seen as your own separate asset.
However, there are exceptions. If marital funds or efforts were used to acquire or maintain the property, it could be subject to community property claims. This can complicate the determination of the property's status.
Regarding your right to partition, if the property is indeed your separate property, you generally have the right to manage, sell, or partition it without needing consent from your spouse. However, if there's any overlap with marital assets or contributions, it may become a matter for negotiation or legal determination. In such cases, it's advisable to seek legal advice to understand the specific circumstances of your situation.
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