Property division is often one of the most important and immediate concerns after the decision to divorce has been made. What you need to know initially is that California is a community property state. In practice, this means that property you and your spouse have acquired during the marriage (except for gifts or inheritances) is considered community property and is owned jointly by both spouses. As such, unless there is an agreement to the contrary, your marital property should be divided equitably upon divorce. Disclosures regarding all assets is required by law.
Community property can include not only cars and the contents of your home, but also real estate, businesses, and financial holdings. Unless there is specific evidence that a spouse has clear, sole ownership of a specific asset, property acquired during marriage is presumed to be community in character.
Separate property is defined as that which was owned by you prior to your marriage. This can include inheritances, gifts and those gifts and inheritances obtained after the marriage. Certain assets in your martial estate may not yet have been valuated, or you may have a marital estate that requires complex evaluation. Our divorce attorneys here at The Law Offices of Saylin & Swisher will take the necessary time, and hire the necessary experts if needed, to properly evaluate and value your marital estate prior to division.
As your attorneys in an Orange County divorce, we will help you keep the personal property you brought into your marriage, and make sure that the marital assets you do own jointly are fairly and equitably divided according to California law.
Property Division Issues? Let us Help You!
Property division is the “business end” of the divorce process. Therefore it is important to have an attorney in your corner advocating for you and your long-term financial interests if you are involved in any property division issue. Appraisals may be needed and forensic accounting may be necessary to determine if there are community property interests within separate property assets.
With more than 45 years of combined experience we at The Law Offices of Saylin & Swisher serve clients in Orange County, California with simple and complex property division issues. We will do everything possible to help you address property division during your divorce in a way that preserves your emotional and financial wellbeing during and after the divorce process.
That said, we know that in certain cases it is necessary to go to court and litigate property division issues for our clients. When such action is necessary, we have years of experience in divorce litigation. We will work directly with you to understand your goals and circumstances, develop an effective strategy, and stand by the course of action tailored to your situation. We encourage you to call and set up an initial consultation with our family law attorneys today.