Modesto, CA asked in Uncategorized for California

Q: There is a 1961 Impala that is in question he owned prior to our marriage. This car was in parts.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: I understand you have a question about a 1961 Chevrolet Impala in California that your spouse owned before your marriage. You mentioned that the car was in parts.

In California, property acquired by either spouse before the marriage is generally considered separate property, not community property. This means that if your spouse owned the Impala in parts prior to your marriage, it would likely be considered their separate property.

However, there are some circumstances where separate property can become commingled with community property during the marriage, such as:

1. If community funds (income earned during the marriage) were used to restore or maintain the car

2. If the car parts were assembled into a functioning vehicle during the marriage using any community resources or efforts

3. If any value was added to the car during the marriage through the use of community resources

If any of these situations apply, there could potentially be a community property interest in the car, even if it started as separate property. The specific details would depend on the facts of your case.

If you have concerns about property characterization and division during a divorce, it's best to consult with a knowledgeable family law attorney in your area. They can review the details of your situation and advise you on your rights and options under California law. Property division can be complex, especially when there are questions about commingling of separate and community property.

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