Division of Property – Overview

One of the most heavily litigated issues at divorce is the division of property. In other words, after the couple decides to split, how does the divorce court decide who gets what?

In California, the divorce court divides assets according to community property law. The general principle in community property is that all property acquired during marriage belongs to the couple equally. Thus, at divorce, this property is generally divided 50/50. Though there are certain exceptions, most property gained during the marriage will likely be considered community property.

Separate property is any property acquired before marriage, after separation, and certain types of property acquired during marriage. Separate property remains the property of the individual spouse at divorce.

Property purchased during marriage takes on the character of the funds used to purchase it, meaning property purchased using community funds is community property, and property purchased using separate funds is separate property. This is called the tracing rule.

Also, if separate and community funds are commingled so that they cannot be easily distinguished from each other, such as a joint bank account with both separate and community funds, then the entire amount is presumed community funds unless proven otherwise.

What does all this mean? That the rules for property division at divorce can be very complicated, and you will need a Southern California divorce lawyer to help you through this process. A divorce court makes the final decision regarding the distribution of property, but the court asks the parties to help it with this decision by asking them for facts and legal argument. This is why it’s imperative that you have a Southern California family law lawyer who is trained and experienced in presenting facts and legal arguments to the court. A family law attorney is even more necessary if the other party, your former spouse, is represented by a legal professional.

If you or someone you know is considering divorce, you will need a skilled Southern California divorce lawyer to advise you of your rights and to protect your property interests. At Wallin & Klarich, we have helped people with property division at divorce for over 30 years.  Call us today at (888) 749-7428. We will be there when you call.