During a divorce, one of the primary issues to address is the division of property and assets between the spouses. In California, property acquired during the marriage is generally regarded as community property. Under California Family Code 760, community property is defined as:
- Except as otherwise provided by statute, all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property.
This means that the assets and property acquired by the couple during their marriage is subject to division. Exceptions to the rule include heirlooms, gifts and property acquired before or after the marriage legally ended. The task of fairly dividing marital property and debts can be complicated. The qualified divorce attorneys at Westover Law Group can help you through the process and work to ensure that your rights are protected.
To arrange a free consultation with an accomplished trial lawyer, contact us in Murrieta today. We advise and represent clients throughout Southern California.
Dividing Community Property In California
The court will consider the property and assets a couple accumulated during their marriage, with the assumption that the property will be divided equally between the two parties.
However, a 50-50 split is not a foregone conclusion, so it is important to have a property division lawyer on your side to protect your rights to property and assets. One way to do this is to compile and document evidence of all your community property, preventing the other party from hiding details. It is also important to document any separate property you may own, as separate property is not necessarily divisible in a divorce.
Examples of potential community property include:
- Joint checking accounts
- The value of a business or professional practice
- The value of intellectual property
- Marital debt
Because the court will seek to divide property equally between the spouses, it is important in many cases to obtain an accurate property valuation. This way, ownership of certain items of property or assets can be negotiated. For example, one party might receive the house, while the other receives assets equal to the sum of the house.
Get Help From A Certified Family Law Specialist
At Westover Law Group, we have helped people throughout Southern California protect their rights and obtain fair and reasonable divorce settlements. We are honest with our clients about what they can expect, and we are skilled and fearless in court when litigation becomes necessary.
Founding attorney Andrew L. Westover is a Certified Family Law Specialist, certified by the California Board of Legal Specialization. That means, when you hire our firm, you can rest assured that you are being represented by an attorney who has completed the rigorous training required to become a specialist in the field. Our firm also has an extraordinary record of success in divorce litigation.
Contact Westover Law Group
To speak confidentially with a skilled and dedicated family law attorney, call us in Murrieta at 951-894-8440 or complete our online form. We offer a free initial consultation, and we advise and represent clients throughout Riverside, San Diego and San Bernardino counties, as well as Camp Pendleton.