Orange County Property Division Lawyer

Orange County Property Division Attorney

Divorce on its own comes with a unique set of challenges. Even the most amicable divorce can include emotional and financial stresses. This is even more true when a divorce includes the necessity to figure out property division. Having an Orange County property division lawyer can help you navigate this legal terrain to strive for the most peaceable outcome.

The Hatherley Firm provides legal representation and advice for property division cases in divorce. A certified family law specialist in Orange County will work with you to ensure that your property is divided fairly and that your rights are protected.

Community Property in California

In California, property is divided based on community property. Community property is assets and debts that are considered to be both spouses’ property according to the law. Community property is generally property that was gained during the course of the marriage. Therefore, most things that were acquired before the marriage generally do not count towards community property.

Unless there is an argument over the situation, community property is usually split 50/50 in California in a divorce. This can apply to businesses, real estate, bank accounts, and personal items, among other things.

Community Versus Separate Property

Before property can be divided, it must be determined whether it is a community property or a separate property. Community property is generally property that was acquired within the marriage. Separate property, on the other hand, is property that a person owns individually. Examples of separate property include:

• Property that either spouse owned before getting married
• Inheritances one of the spouses acquired, such as property from a deceased relative
• Gifts given to one of the spouses if the gift was not intended for both spouses
• Income generated from separate property. For example, if a spouse owned real estate prior to getting married, and it now generates rental income, it could be considered separate property.

Date of Separation

California makes it necessary to have the date of separation when dividing property. This is because any property that was acquired after the separation, but before the official divorce decree is still considered separate property. This can sometimes be hard to prove, but evidence can be used to determine when the marriage was officially broken, such as a lease date for an apartment or a date when one spouse moved out.

The court will also look at other factors, such as whether the spouses tried to reconcile at any point or whether or not there were statements made with the intent to end the marriage, such as text messages or emails stating so. These can all help determine an official separation date.

Special Property Cases

There are some property forms that the courts will take special consideration into to determine how they should be split. Some of these include:

• Retirement accounts. Retirement accounts can be complex and not as straightforward as bank accounts, so the court may recruit professionals to determine how they should be split.
• Pets. Pet cannot be split in half, the court will usually determine who gets the pet based on the best interest of the pet, such as who can provide the greatest home for it.
• Education degrees. While California may offer reimbursement for the cost of obtaining a degree while married, it will likely not grant a split in the increase in earning potential one spouse received because of their degree.

Why You Need a Property Division Lawyer

Property division can be complex, even if the former couple is not particularly wealthy. An attorney can help explain the law to you and fight for your rights. If your spouse has their own lawyer, that lawyer will fight for them. It is beneficial for you to hire a divorce lawyer in Orange County so you have someone with similar legal knowledge doing the same for you.

An attorney can also help you identify all community and separate property, including things you may not have considered before. A lawyer can also help you value the property, such as through appraisals, especially for complex or high-value items.

An attorney can help you negotiate outside of court. Many settlements are made without having to go through the court process, which can be more time-consuming and costly. If the case does go to court, a lawyer can advocate for you and fight on your behalf. In addition, debts are usually a part of community property if they were acquired during the marriage. A property division attorney in Orange County, CA can help ensure that the debt is fairly split.

FAQs

How Is Separate Property Divided in California?

When a couple gets divorced in California, separate property is usually not split up. Things that one partner owned before they got married, gifts, and inheritances received during the marriage are all examples of separate property. This kind of property stays with its original owner unless it has been mixed with community property or changed hands through a written deal.

What Is the Property Division Statute in California?

In California, the property division law determines how property is divided. If a couple gets divorced, this law mandates that any property and debts obtained during the marriage must be split evenly (50/50) unless there is a written deal to the contrary.

The law emphasizes the community property principle, which makes sure that assets and debts gained during the marriage are fairly shared. This is what makes California different from states that use equitable distribution.

Can You Divorce Without Splitting Assets in California?

In California, if both people agree on how to divide the property, they can get a divorce without having to split their assets. Couples can talk about and write up a divorce settlement deal that outlines how they wish to divide their assets. This could mean that one spouse gets to keep certain assets while the other gets other kinds of payment. However, for an agreement to be valid in court, it must be written.

What Happens to Debts in a Divorce in California?

Debts acquired over the course of the marriage are generally considered community property and are, therefore, subject to be split during a divorce. The court will analyze each spouse’s financial situation and their responsibility regarding the debt to make a determination on the split. An experienced property division attorney can help you prepare for such a situation.

Contact Your Orange County Asset Division Lawyer Today

For professional guidance through Orange County’s property division complexities, contact The Hatherley Firm today or reach out to us at (949) 441-1225. Our dedicated team is here to provide experienced legal counsel and ensure your interests are protected every step of the way.