How Is Property Outside of California Divided in a California Divorce?

When the time comes for couples to get divorced, one of the many bones of contention between the two is the state of their assets and how they are to be divided. Division of assets and finances is particularly important since it determines the type of life a person will have to lead after the relationship ends. Hence, matters of property division are often one of the most complex aspects of an Orange County divorce case.

When it comes to asset division, the leading terms used in the division of assets is the term community property and separate property. Community property is that property that is shared between the two spouses and has been made during the course of the couple’s marriage. On the other hand, separate property includes those properties that each of the spouses had before the marriage, and it is not divisible between the two in case of divorce.

While these two are the leading concepts in property division of your Orange County divorce case, there is a new concept with regards to the division of assets that has started to take roots only recently. That is the concept of Quasi Community property.

What is Quasi Community Property?

This type of property is covered in a relatively emerging field of law that has been part of the law for years, but has only recently come in frequent use. Quasi property – keeping in line with Orange County Family law section 125 – is such a property that would have been defined as community property had it been domiciled in the state of California.

This is an important consideration. Any property, situated anywhere in the world, that would have been termed a community property was it based in California is categorized as Quasi Community Property. The use of the concept of quasi community comes into play usually in two separate instances where:

• The couple lived elsewhere and developed a host of properties there before moving to the Orange County and starting their divorce proceedings here.
• The couple lived in the Orange County but went outside the state from time to time and started to own properties in other states and countries.

How is the Quasi Community Property Handled in Divorces?

The leading question in this regard as of now is how a court will divide a property that is not located inside the state of California. Practically speaking, if the Orange County family law court has jurisdiction over the two individuals seeking a divorce, the judge will then also have the authority under California Family Code 2660 on dividing property that is outside the state.

The rules of division of the property and which of the spouses gets how much of share in the property division will be the authority of the courts. Quasi community property will be dealt with in the same manner as community property is dealt with in Orange County divorce cases.

Gerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.