Property Division Attorneys in California
One of the most complex issues in a divorce or legal separation is the division of property. The division of property process in California determines what each party will be awarded by the court. Therefore when dealing with any division of marital property issues, it is important you have a California family law attorney who can analyze each property item, determine whether it is community property and advise you accordingly to how the property can be divided in your divorce or legal separation.
This aspect of California family law can be very complicated. Therefore it is essential that you speak with an experienced California property division lawyer.
The attorneys at Wallin & Klarich have successfully helped thousands of clients with property division during their divorce cases for over 30 years. We can help you, too. Visit our testimonials page to see what some of our clients have to say about us.
This longstanding reputation has helped us achieve the highest of merits, including a 5 out of 5 AV rating on Lawyers.com, a 10 out of 10 rating on AVVO.com, and an A+ rating from the Better Business Bureau.
Contact our property division attorneys today at (888) 749-7428 for professional legal advice about your case.
How Does Federal Law Affect the Division of Property?
The California Family Code dictates the law in regard to divorce and legal separation, and how property will be divided. However, if the property is a part of federal legislation, California community property laws may be preempted by federal law. Thus, if the property is protected by federal law, the outcome of how your property will be divided in your divorce or legal separation will likely be affected.
What is Community Property?
The general community property rule is that all property acquired during the marriage is community property. However, if property acquired during the marriage is acquired through inheritance, gift, or devise, the spouse who specifically was given the property takes a separate and sole interest in that property. Further, any property acquired before the date of marriage or after the date of separation is characterized as separated property. However, there may be instances where property will be characterized as a commingled asset or debt—this means that the asset or debt is both community and separate property.
The rules for property division during a divorce or legal separation can be complicated, and you will need a California family law lawyer to help you through this demanding process. It is important that you have a family law attorney who is skilled and experienced in presenting the facts and making legal arguments during negotiations of a settlement agreement.
Property Division by the Court
California is one of several states within the United States that has community property laws, which are applicable in a divorce or legal separation. The general rule of community property law is that all property acquired during a marriage belongs to each spouse equally. Thus in a divorce or legal separation, property acquired during the marriage will be divided 50/50 between each spouse. However, please note that there are exceptions to the general community property rule.
Additionally, when the parties cannot agree on how property will be divided, the court will use one of four methods to divide the parties’ property. These four methods include:
1. In-kind Division
2. Asset Distribution/Cash Out Division
3. Sale and Division of Proceeds; AND
4. Deferred Partition by Conversion to Tenancy in Common
Property Subject to Division
All property with a community interest is subject to division. So long as the property is partially community property, the community property portion is subject to division by the California Family Law Courts. Further, it is important to remember that some property is not subject to division in a divorce or legal separation due to the fact that it is protected by federal law.
Community Property Debts
Under California community property law principles, debts can also be characterized as community property even though they may have a negative fair market value. Therefore, like community property assets, debts are divided equally between the parties. Each party is responsible for one-half of the community property debts.
Division of Property Frequently Asked Questions
Dividing property in a divorce or legal separation can be complicated and at times, overwhelming. To help you better understand the community property law and how it impacts the division of property during a divorce or legal separation, we have answered some of the more common questions our client’s have on our FAQ page.
California Division of Property Lawyer
At Wallin & Klarich, we have handled division of property issues and other family law matters for more than 30 years. We understand that our clients come to us during a difficult part of their lives, which is why we are dedicated to providing personalized service.
We promise to pursue the best possible outcome in your case. With offices located in Los Angeles, Orange, Riverside, San Bernardino, San Diego, Victorville, West Covina, Sherman Oaks, Torrance and Ventura , there is a Wallin & Klarich attorney available wherever you happen to live.
Call Wallin & Klarich today for a free evaluation of your case. Call (888) 749-7428 or fill out our online consultation form to get in contact with a legal professional today. We will get through this together.