5. In the event of a dispute over the application of this agreement, the majority party is entitled to its reasonable costs and legal costs. Ownership as a common property has several advantages. Community Member States treat spouses as a single economic entity. As long as the property is acquired during a valid marriage and the property is not a separate property (see below), it is considered the property of both spouses. Both spouses have the same rights to control and manage the estate, and one spouse cannot transfer the estate without the consent of the other spouse. This is often the intention of the spouses. As you go through the process of separating your other important, you must make several difficult decisions, including how you can assign your property. If you need help developing or verifying a real estate transaction contract or if you have other questions about the divorce process, it may be in your best interest to contact an experienced divorce lawyer near you. As noted above, the entire property acquired by a couple during their marriage is a common property, unless it is identified as a separate property. This means that the property is listed by default as community property, unless it meets the definition of a separate property. Section 770 of the California Family Code creates three specific categories of separate ownership: The person seeking divorce, who is identified as a “petitioner,” must begin completing a petition – marriage/national partnership. In this form, the petitioner provides general information about marriage and makes applications for support, child care, parental rights and distribution of property and debt.
If additional storage space is required to list real estate or debt, a property declaration can be used. If the property fits into one of these categories, it is not a common property. The spouse who owns the property can negotiate with the estate without the consent of the other spouse. If real estate is qualified as separate property, a married person may accept the title alone on his or her behalf. The deed should recite that the property belongs to that spouse as separate property.