Also known as: ganancials · community property
Written by attorneys · grounded in primary & secondary sources — see below
An adjective describing property interests or rights acquired or held under the community property regime of certain jurisdictions. The label applies to assets that spouses own in undivided one-half shares by operation of marital property law rather than by title or separate acquisition.
Guadalupe Gallegos and Gino Giordano held their home as ganancial property with right of survivorship. After their divorce the statute converted their interests into equal tenancies in common. Guadalupe could now convey her half without Gino's consent or survivorship rights.
Grace Gupta and Gareth Glover divorced in a jurisdiction applying the uniform act. The court assigned Grace's premarital inheritance as separate property and divided the ganancial brokerage accounts acquired during marriage in just proportions after weighing contributions and duration of the marriage.
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Glenn Gross purchased land with separate funds and gave a purchase money mortgage. His spouse later claimed a ganancial interest in the parcel. The mortgage remained senior because the vendor's lien attached before any marital property right arose in the after-acquired land.
Gina Griffin placed ganancial assets into a revocable trust. After separation her spouse refused consent to amendment. The trust could be amended only by joint action because the property retained its ganancial character under the governing instrument, although either spouse could revoke alone.
A federal tax lien attached to one spouse's interest in ganancial real estate. The government could levy on that half interest even though the other spouse held an undivided share under state marital property law.
A divorce decree entered in one state purported to transfer ganancial land located in another state. The situs state refused to recognize the decree because it lacked jurisdiction to affect title to local real property held under the ganancial regime.
No. Divorce severs any right of survivorship in ganancial assets and converts the interests into equal tenancies in common, but the property remains subject to equitable division under the applicable marital property statute.
Property acquired before marriage is separate, not ganancial. Investment accounts opened before marriage retain their separate character and are assigned to the owning spouse rather than divided as community assets.
Only the portion that reimburses medical expenses paid from ganancial funds is ganancial. The remainder compensating the injured spouse personally remains that spouse's separate property.
…Cal. Rptr. 41]) have held that the Family Law Act (Civ. Code, § 4000 et seq.) requires division of the property according to community property principles, and one decision ( Beckman v. Mayhew (1975) 49 Cal. App.3d 529 [122 Cal. Rptr. 604]) has rejected that holding. We take this opportunity to resolve that controversy and to…