§1.06 Jurisdiction Over Separate Property

You do not have jurisdiction to dispose of either spouse's separate property, but you may confirm which spouse owns specific separate property. [Marriage of Hebbring (1989) 207 CA3d 1260, 1275.]

At the request of either party, you may also divide the parties' separate property interests in real and personal property that the parties hold in joint tenancy or tenancy in common. You must divide such property together with, and according to the same rules for, the community estate. [FC §2650.] You may also order the deferred sale of a family home that includes a separate interest. [See §§5.01 et seq.]

Otherwise your jurisdiction over separate property is generally limited to characterizing the property, restraining its transfer, and ordering any required reimbursements from the community to either spouse's separate estate or from a spouse's separate estate to the community. [§§8.01 et seq.]