Friday, December 30, 2011

- Property rights in Russell Brand/Katy Perry divorce

SAN DIEGO. Today, on December 30, 2011, British comedian Russell Brand, 36, filed for divorce from California "gurl," pop star Katy Perry, 27, in Los Angeles, California. The couple cited "irreconcilable differences" as the reason. Since California is a “no fault” divorce state, neither Brand nor Perry has to prove that the other has done anything wrong.

Because no minor children are involved, the division of property is likely to be the biggest legal issue. The couple has purchased a $6.5m Hollywood home in June. They own a residence in London and possibly a $2.7m apartment in Manhattan. Brand checked the box “Property rights to be determined,” which means the
couple either does not have a prenuptial agreement or, if they do, it does not cover all of the assets acquired during their 14-month marriage. Since California is a community property state, both Katy Perry and Russell Brand own most property acquired during marriage in equal shares. This rule does not apply to gifts and inheritance, which are held in separate property even if acquired during marriage.

The divorce paperwork states the couple’s date of separation "to be determined." After Brand serves Perry with divorce papers, she will have 30 days to respond. If she fails to respond, the court may commence default divorce proceedings which may take approximately half a year to conclude. It is unlikely that either of them will seek spousal support from the other because both are popular entertainers and the marriage was too brief.