Quasi-community property refers to property acquired by a married couple while living in a state other than California that would have been considered community property if acquired in California. When a couple divorces in California, the court treats quasi-community property similarly to community property for the purposes of property division.
Here’s how quasi-community property works in California divorce:
- Definition: Quasi-community property includes assets and debts acquired by either spouse while living in a non-community property state that would have been classified as community property if acquired while residing in California. This typically applies to property acquired during the marriage, regardless of where it was acquired.
- Treatment in Divorce: In California, community property laws govern the division of marital assets and debts upon divorce. As a community property state, California generally considers property acquired during the marriage to be community property, subject to equal division between the spouses upon divorce.
- Application of Quasi-Community Property Rule: When a couple divorces in California, any property that would have been treated as community property if acquired in California is treated as quasi-community property. This means that such property is subject to the same division rules as community property, with each spouse entitled to an equal share of the quasi-community property acquired during the marriage.
- Example: Suppose a married couple lived in a non-community property state for several years during their marriage and acquired assets during that time. If the couple later divorces in California, the assets acquired while living in the non-community property state would be classified as quasi-community property and subject to division between the spouses as if they were community property.
- Determining Quasi-Community Property: Identifying quasi-community property may require tracing the origin and acquisition of assets and debts acquired during the marriage, particularly if the couple lived in multiple states or countries during their marriage.
Understanding the concept of quasi-community property is important for divorcing couples in California, as it can impact the division of assets and debts upon divorce. Couples navigating divorce proceedings involving quasi-community property may benefit from seeking legal advice to ensure that their rights and interests are protected throughout the process.