Property Division in California
Work with a Family Law Expert in San Bernardino
When going through divorce, property division can be one of the more complicated
matters to address. At The Law Office of Beverly W. Quinn, we strive to
help clients find solutions to their property division complexities, as
well as any other family law matters they may be facing. Whether your
property division matters can be resolved through mediation or call for
litigation in court, our
Rancho Cucamonga divorce attorney has the skills and experience needed to assist you!
What's a community property state?
California is a community property state, which means that any income earned
by either spouse during the marriage and all the property purchased with
those incomes is marital property and is owned equally by each spouse
or partner. At the time of divorce, the property, assets, and debts acquired
during the marriage must be divided equally.
The equal division of property includes:
- Identifying the community property
- Valuing the community property
- Establishing how the community property should be distributed
one of San Bernardino County's premier law firms, our team is prepared to assist clients whose matters can be resolved
smoothly, as well as those who must go to trial in order to establish
terms of property division.
Establishing, Valuing, & Dividing Property
There are three main steps that must occur during property division:
- Determining whether property or debt is marital (community) or separate property
- Determining the value of the marital property
- Dividing the property
1) Community vs. Separate Property
Property that one spouse owned alone before the marriage, or acquired
by gift or inheritance during the marriage, is considered to be separate
property. The state of California also indicates that property acquired
before divorce, but after the date of separation, is separate property.
The date of separation is defined as the moment from which one spouse
decides to end the marriage. To determine this date, some type of physical
act of separation combined with other actions that demonstrate the spouse
has decided to end the marriage must be clearly identifiable.
2) Determining the Value of the Property
The divorcing spouses must determine how much the marital property is
worth. Typically, the parties will assign a monetary value to each item
3) Dividing the Property
Assets can be divided in a number of ways. The parties may assign certain
items to each spouse by allowing one spouse to "buy out" the
other's share of an asset. They may also sell assets and divide the
proceeds. Another option is to agree to continue to co-own property together,
even once the divorce is over. In addition to property division, divorcing
spouses must also divide all debts accrued during marriage. This may include
mortgages, car loans, and credit card debts.
Board Certification Backed by Nearly 50 Years of Experience
At our firm, we are prepared to assist clients with their property division
matters, whether their situation can be resolved through negotiation or
mediation, or must be handled in court. Our founder is recognized as
one of the most experienced trial lawyers in the Inland Empire, giving her the ability to provide our clients with effective representation
if their property division matters must be resolved through litigation.
As a board certified family law specialist with nearly 50 years of experience,
Attorney Quinn truly is
an expert in her field of law. We understand the complexities that may come with family law, and we
possess the skills and resources needed to take on even the most complicated
cases. Whether you are able to go through property division in a peaceful
manner or your situation calls for litigation in court, we stand ready
to provide you with the devoted counsel and guidance you need.
To begin taking the steps toward properly dividing your property, do not
hesitate to contact our firm!
Give us a call today to get started by scheduling your
free, no obligation consultation.