California Family Law Attorney

Dividing Jointly Titled Property Acquired Before Marriage

When parties acquire title to real or personal property prior to the date of marriage or domestic partnership registration, but for this statute the Family Law Act would require them litigate their claims relating to such property in civil court, typically through a partition action. This statute empowers the family law court to assume jurisdiction over such assets, but only upon request.

I have written a very important blog about the issues and pitfalls surrounding section 2650 which I urge you to read if you and your spouse owned property jointly before marriage.


CALIFORNIA FAMILY CODE

DIVISION OF PROPERTY

JURISDICTION TO DIVIDE JOINTLY HELD SEPARATE PROPERTY

Family Code Section 2650

In a proceeding for division of the community estate, the court has jurisdiction, at the request of either party, to divide the separate property interests of the parties in real and personal property, wherever situated and whenever acquired, held by the parties as joint tenants or tenants in common. The property shall be divided together with, and in accordance with the same procedure for and limitations on, division of community estate.