Division of Property California

California Divorce Property Division Attorneys

805 family law attorneys san luis obispo
Division of Property California

Contact 805 Family Law now for a free consultation.

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Division of Property California

California Division of Property Attorneys

The emotional strain of divorce proceedings comes from more than just the dissolution of your marriage. Spousal support, child support, child custody, and property division in California all factor into the stress of a divorce, too. Many people who experience divorce worry about their assets and debts along with concerns for their children. Having a property division attorney working for you may help reduce some of the stresses of the divorce process.

California is one of nine community property states. Unlike other states which equitably distribute property to the spouse who earned it, California divides all property acquired during the marriage evenly. In this community property distribution, both parties are also equally responsible for any debts between them.

In divorce, it is vital to have experienced asset division attorneys on your side. A knowledgeable family law attorney can help you to seek a fair settlement from your divorce.

For a free consultation regarding your division of marital property, call 805 Family Law at 805-466-4800 today.

Division of Property and Separate Property

Not all property owned by a spouse is a marital asset subject to asset division in a California divorce. Community property only concerns property that was acquired during the marriage. Generally, it is presumed that all assets acquired during the marriage are community property, subject to division of property during a divorce. Determination of community property also factors in spouse residency, as the spouse must be a California resident. But, as with most things, it is not always that simple. One spouse can still acquire separate property during the marriage under certain circumstances. This is why hiring a divorce attorney with extensive experience in California division of property divorce case is vital. 

Separate property is an asset that remains outside of property division during divorce. The state would consider property separate from the marital property if the spouse owned that property before becoming married. This includes property that the spouse inherited or received as a gift before the marriage and any profit earned from these inheritances or gifts. 

Additionally, wealth or income earned after spouses are legally separated or while living separately qualifies as separate property, and is not subject to division of property during a California divorce.

Complex Property Division

Complex property division refers to the allocation of properties that require more consideration than others due to that property’s nature. This division may include the equal distribution of businesses, real estate, investments in stocks, post-divorce tax considerations, pensions, and 401ks. The difficulty in determining the value of these properties introduces more complexities in equal distribution arrangements.

In many cases of divorce where complex asset division is necessary, outside consultation from specialists like appraisers, business valuation experts, tax experts, or forensic accounting professionals is recommended.

Marital Property Division in California

 The fluctuation of value in assets like stocks and collectible items adds another layer of difficulty to equal distribution. Consultants may help by projecting future value or providing the current cost of replacement.

Contact a Family Law Attorney Today!

In any case of a contested divorce, it is always best to enlist an experienced division of property divorce attorney to help guide you through the process. The division of property attorneys at 805 Family Law work with you to help you get a fair and equal settlement in your divorce. Even if your spouse doesn’t contest the terms of your divorce, a family law attorney can still benefit you both as you part ways.

For those who seek representation during divorce in California, the attorneys of 805 Family Law will always protect your interest. Call today at 805-466-4800 to speak with a family law lawyer.

805 family law attorneys

Contact 805 Family Law now for a Free Consultation