I. Definitions

§1.01 Characterization of Property

Characterization of property, for the purpose of community property law, means classifying property as

• separate,
• community, or
• quasi-community.

You must characterize the property to determine the rights and liabilities of the parties with respect to a particular asset or obligation. This is the first step to dividing property after dissolution of a marriage or legal separation. [Marriage of Haines (1995) 33 CA4th 277, 291.]

Note that the community property statutes do not encompass every property right a party may acquire during marriage. For example, the right to practice a profession is not property subject to division. [Marriage of Aufmuth (1979) 89 CA3d 446, 461, disapproved on other grounds in Marriage of Lucas (1980) 27 C3d 808, 815.]

Effective January 1, 2005, marriage benefits and responsibilities are extended to registered domestic partners. [FC §297.5(a).] This means that you must apply the laws governing the characterization of property to the property of registered domestic partners. [See FC §299(d); Koebke v Bernardo Heights Country Club (2005) 36 C4th 824, 837-839.] Statutory terms referring to spouses include domestic partners. [FC §297.5(j).]