Before property can be divided in a divorce, the Court must determine whether the property is community property, separate property, or hybrid property (which is both).

Hybrid property is property that has transmuted over time. At one time, the property was separate property, however, over time, the property changed. This could be because it generated income or increased in value during the marriage, or because it was commingled or mixed with community property in a way that it cannot be traced back to its separate property status.

An example could be a retirement account that one spouse established prior to the marriage. The amounts in the account prior to the marriage would be separate property, however, the increases that occurred during the marriage would be community property that is subject to division.

During your consultation, we should discuss the potential property division.