During a divorce, defining marital property may be challenging. Quasi-community property typically applies to spouses who acquire property while living outside of California and later move to California. Here’s what you need to know about quasi-community property in California.
What Is Community Property in California?
Community property is all property acquired during marriage unless otherwise specified. Each spouse has a rightful claim to property. During a divorce in California, all community property is divided evenly between spouses. Quasi-community property presents a different case.
Related: Community Property FAQs in California
Quasi-Community Property in California
The basic idea is that quasi-community property is property that would have been considered community property in CA at the time of acquisition.
California Family Code § 125 defines quasi-community property as any property that meets any of the following conditions:
- Property acquired while living in another state that would have been considered community property in California at the time of acquisition
- Property acquired through exchange that would have been considered community property in California at the time of acquisition.
Quasi-community property applies to couples who were permanent residents of one state, moved to CA, and meet the following requirements:
- The couple changed their state of residence to California AND
- The parties seek a change in their marital status in the state of California
Quasi-community property laws grant courts the power to manage property that was not subject to CA laws at the time of acquisition. Defining marital property as quasi-community property is necessary to divide assets outside of the court’s jurisdiction.
Couples who moved to and are seeking divorce in California should consult an experienced attorney from Her Lawyer to help navigate property division.
Related: How to Divide Property in a California Divorce
FAQs
Does quasi-community property apply to everyone?
No. Quasi-community property laws only apply to divorcing couples who resided in another state, acquired property outside of California, and later moved to the state.
What are the requirements for quasi-community property?
Quasi-community property acquired through purchase or exchange outside of California must have been considered community property in California at the time of acquisition. Divorcing couples must have moved to CA, changed their residency status, and sought divorce in CA for their property to be considered quasi-community.
Contact Her Lawyer
If you or a loved one need legal assistance with quasi-community property in a California divorce, get your free consultation with one of our California Divorce Property Division Attorneys in California today!