How Do I Object to a Property Settlement in California Divorce?
Full Question:
Answer:
Quasi-community property is a concept recognized by some community property states. For example, in California, quasi-community property is defined by statute as
"all real or personal property, wherever situated, acquired before or after the operative date of this code in any of the following ways: (a) By either spouse while domiciled elsewhere which would have been community property if the spouse who acquired the property had been domiciled in this state at the time of its acquisition. (b) In exchange for real or personal property, wherever situated, which would have been community property if the spouse who acquired the property so exchanged had been domiciled in this state at the time of its acquisition. In the event of divorce while domiciled in the community property state California allows the court to treat such property as quasi-community property.
Certain aspects of the decree are modifiable, while others are not. The property division is not modifiable by the court. It is final. Child support may be modified if there is a significant change of circumstances. A significant change of circumstances may include, among others, a change of custody, substantial increase or decrease in income, emancipation of a child, or contribution to expenses by another due to cohabitation or remarriage.
I suggest you consult a local attorney who can review all the facts and documents involved if you wish to appeal the order. The appellate court generally won't second guess the factual findings made by the lower court, but will review the decision for legal errors, such as if you were denied notice of hearings, etc.