CALIFORNIA FAMILY LAW
...Community Property Issues
......Characterization
.........Jurisdiction to Characterize
6 Cards On This Topic:

Although F/L courts usually don’t have juris. to deal with s/p disputes, since parties submitted the issue, court could resolve it.

Before court can divide property it must characterize it.

Jurisdiction to decide if property is c/p necessarily includes jurisdiction to determine whether property is s/p.

Trial court in divorce action has jurisdiction to determine whether real property is s/p or c/p, irrespective of way title held.

If property held in name of third party is claimed c/p, title may be adjudicated in dissolution, so long as third party has notice and opportunity to be heard.

While F/L courts don't have jurisdiction over separate property, they do have jurisdiction to determine the character of property.