Roseville Criminal Defense And Family Law Blog

California is a community property state, meaning that there is a presumption that any property acquired during the marriage belongs to both spouses equally. In other words, both spouses will have an equal interest in their house, assuming it was purchased during the marriage with marital funds and both spouses are on the title. However, as with many physical assets, literally splitting the house in half is not a realistic option. So many divorcing couples are left with the question: who gets the house?

Generally, divorcing couples have three options when deciding how to divide the house. Many spouses find that selling their home and dividing the proceeds equally is the best way to ensure that both spouses get what they are entitled to. Keep in mind that any money you and your soon-to-be ex make on the sale of the house could be subjected to capital gains taxes. Also, if you sell the home, both you and your spouse will have to find a new place to live. Whether you rent or buy, you will need to make sure you (and your spouse) are financially stable enough on your own to afford the costs of a new home or apartment.

Earlier this year, Utah adopted a new law lowering the maximum blood alcohol content for drivers to .05, the lowest in the country. A new California bill may mean the same thing for California.

Autumn Burke, state Assemblywoman from Marina Del Rey, recently introduced Assembly Bill 1713, known as Liam's Law that would reduce the maximum BAC for California drivers from .08 to .05. Lawmakers believe that this new law could result in 1,000 fewer DUI deaths per year. The bill will be debated in the Assembly Public Safety Committee in the next few weeks.

Last month, California lawmakers were presented a bill that calls for a significant reduction in the amount of alcohol you can have in your system while driving. AB 1713 would lower the legal blood alcohol content (BAC) from .08 percent to .05 percent.

While proponents of the bill claim it would improve traffic safety, they are reluctant to discuss other consequences. If the BAC was lowered, it would mean a surge in DUI arrests. Many of those arrested would not be impaired in any way and would pose no threat, but because of the lowered BAC standard would regardless face California’s tough drunk driving penalties.

California uses the date of separation as the essential date for determining property interests; property acquired by a spouse after the date of separation is considered to be that spouse's separate property, while property acquired before the date of separation is community property. The date of separation can also be a factor in determining whether the marriage is a "long term" marriage thereby changing the duration a party will pay or receive spousal support.