Out-of-State Properties Held by a Couple in a California Divorce

By Gerald A. Maggio, Esq.

Orange County divorce mediation; California Divorce MediatorsProperty division is an important part of a divorce and many people are cautious about what happens to their properties after a divorce. Properties can be many types and are usually seen as separate or marital. Properties can include stocks, loans, shares and intangible materials. In recent years, the number of out-of-state marriages has risen and this includes individuals who belong to a different nationality. Now, these ‘other’ nationality individuals have properties which are not present in the U.S. soil. How are such properties treated once the couple gets divorced?

A divorce comes with many complications and most of them involve dividing properties and other finances. Even with an experienced lawyer, it can be tough for some to accept the final outcome of the divorce proceeding.

How are out-of-state properties treated in a California divorce?

California state laws allow family law judges to have jurisdiction over properties that are located outside the state of California, which are considered “quasi-community property.” They are  entitled to make decisions that directly involve out-of-state properties.

Properties that are acquired during a marriage are regarded as marital community property by the California law and must be divided equally after a divorce. Properties purchased during the marriage outside of California are generally treated  as quasi-community property and are liable for equal distribution.

Dealing with out-of-state properties can become complex and confusing. During such property divisions, the family law judge plays a vital role and much of the outcome depends on the judge. It is advisable for individuals going through divorce mediation to hire an Orange County divorce mediator lawyer who has experience in out-of-state property dealings and division.
