Q: What is considered marital property in California?

A: In California, marital property generally includes all assets and debts acquired during the marriage, regardless of whose name is on the title or account. This means that assets like real estate, vehicles, income, investments, and personal belongings acquired by either spouse during the 38 years of your marriage are likely considered marital property. Gifts given directly to you by your children over the years can be a bit more complex. Generally, gifts received by one spouse from a third party (including children) during the marriage are considered separate property, meaning they belong solely to the recipient spouse and are not subject to division in a divorce.

However, there are exceptions. If these gifts were commingled with marital property or used for the benefit of the marriage or family (such as jointly used funds or assets), they may be considered marital property subject to division. The characterization of gifts as separate or marital property can depend on how they were treated during the marriage—whether they were kept separate or integrated into joint finances or assets.

During divorce proceedings, it's essential to provide clear documentation and evidence regarding the nature and treatment of these gifts over the years. This could include any records showing how the gifts were used, maintained, or kept separate from marital assets. Consulting with a family law attorney who can provide guidance based on your specific circumstances and California law is advisable. They can help navigate the complexities of property division and ensure your rights and interests are protected throughout the process. Understanding the distinction between marital and separate property is crucial in determining what assets may be subject to division in your divorce.