Property Division and Rights
California is a community property state, meaning that spouses are required to equally divide their property, assets and debts acquired during marriage. Property that is acquired during marriage is called community property, while property inherited, given as a gift and obtained before marriage, or after separation is called separate property. The division of community property can be extremely tough especially because there are exceptions to the general distinctions between separate and community property. For example, a house bought before a marriage may still qualify as community property if both spouses made payments or if both names are on the title. In such a case, the house is divisible.
Often, former couples are not able to agree on division. If no agreement is reached, the matter will go to court for the judge to decide. Whether you are in agreement with your spouse or not, the California Family Law Attorney Group, we will help you come to a fair settlement. In the case where this is not possible, we will litigate on your behalf to ensure that your property rights and protected. In dividing property, several aspects are considered by the court, such as:
- Economic situation of each party
- Marriage duration
- Contributions in the marriage from both spouses
- Contribution of one spouse to the other’s career or education
- Duration of the marriage
- The best interest of minor children
- Intentional dissipation of marital assets or property upon filing for divorce
We strive to always keep you informed and our goal is to deliver the best possible outcome. If you are facing a divorce and are concerned about your property rights, contact the California Family Law Attorney Group law today for a knowledgeable legal counsel from one of our attorneys.