Same-Sex Marriage Rights within California: Community Property


Recently, the U.S. Supreme Court struck down Proposition 8, the California constitutional amendment that sought to deny the right to marry to same-sex couples. In light of the U.S. Supreme Court’s ruling, same-sex couples are, once again, free to marry and to enjoy all of the benefits and obligations afforded by the right to marry.

The ruling serves as great news to those couples who reside within California. The benefits and protections associated with marriage are, in large part, based upon state law. One particularly crucial example of legal rights tied to the right to marry includes the principle of community property rights.

California is a community property jurisdiction. Community property rights provide that most property acquired during the marriage, except for gifts or inheritances, is owned jointly by both spouses and is divided upon divorce, annulment, or death. Joint ownership is automatically presumed by law in the absence of specific evidence that would point to a contrary conclusion for a particular piece of property.

Scott D. Fisher, also credentialed as a licensed real estate broker, has practiced real estate law for over twenty-five years. He assists clients with real property co-ownership agreements and other transactional matters and actively litigates real property disputes when appropriate.

Additionally, Scott D. Fisher is an experienced estate planning attorney who assists clients with the preparation of essential estate planning documentation including wills, revocable living trusts and powers of attorney.

For a free initial consultation, please contact Scott D. Fisher at (323) 989-4860 or send your email inquiry to

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