ClickCease
We’ve been doing this for more than 30 years. Call us.
415.834.1120 24/7 answering service

Marin Property Division Lawyer

Property division is one of the most complex aspects of getting a divorce. It refers to how a couple will allocate all the property, income and assets acquired over the course of a marriage — including real estate, vehicles, savings and debts. Many couples dispute how they will divide property during a dissolution of marriage. Whether this will be a contested aspect of your divorce case in Marin, California will depend on the circumstances.

If property division is a point of contention in your divorce case, hiring a lawyer can be critical for protecting your rights and receiving your fair share of assets. A Marin property division lawyer will understand California’s related laws and how to help you achieve the desired outcome. Contact Schoenberg Family Law Group today to learn more about how we can help with property division during your divorce case.

How Do the California Courts Handle Property Division in Marin County?

There are two types of property division states in the US: community property and equitable division. California is the less common type — a community property state. According to California’s community property law, both people in a marriage or domestic partnership own equal shares of all community property gained during the union. This means that in a standard divorce case in California, a judge will split everything down the middle.

In a community property state, a divorce judge will order a 50/50 division of all assets, properties and debts a couple acquired while married — even if a 50/50 split is not fair or equitable for both parties. In an equitable division state, on the other hand, a judge will divide property based on what is fair according to the circumstances of the couple, such as each partner’s financial state. It is important to understand the concepts of community property, separate property and property division as a party in a divorce case in Marin so you can protect yourself.

Community Property vs. Separate Property in Marin

The California courts will only divide community property. They will not touch property the law classifies as separate. Separate property is anything you acquired before the marriage, such as property you owned prior to getting married or a savings account that is only in your name. Separate property also refers to gifts or inheritance given directly to you and not your spouse during the marriage. Community property refers to everything acquired after the marriage.

  • Real property
  • Businesses
  • Vehicles
  • Art and collectibles
  • Jewelry
  • Electronics
  • Family heirlooms
  • Bank accounts
  • Retirement savings
  • Stocks, bonds and investments
  • Debts

Keeping your property classified as separate during your marriage can help you achieve a desirable property division outcome in a divorce case. For example, you can protect your hard-earned assets by creating an agreement with your spouse to classify certain assets as seperate or using a prenuptial agreement. Work with a Marin property division lawyer from the very beginning of your marriage to fully protect your property rights. A lawyer can help you reduce your financial risks by navigating community vs. separate property on your behalf, as well as planning ahead with a prenup.

What If You Have a High-Asset Divorce Case in Marin?

A high-asset divorce means you and your spouse have acquired valuable or high-worth belongings during your marriage, such as high-value properties, businesses or automobiles. You have more at stake in a high-asset divorce, as you could stand to lose more money or property to your spouse if the matter goes to court.

An experienced property division lawyer can help you protect your fair share of valuable assets and safeguard you from taking on a large portion of your spouse’s debts by increasing the odds of a settlement outside of court. A lawyer can represent you during meetings and mediation to improve communication with your spouse and achieve an agreement that works for both of you — before a judge intervenes.

The best way to protect yourself within a high-asset marriage is creating a prenuptial or postnuptial agreement. This legal document can grant you ownership of more than 50% of your community property, or over the assets that matter the most to you, despite California’s community property law. If you do not have this type of agreement, a lawyer can still represent you during a divorce case to increase your chances of a fair resolution.

What Can a Marin Property Division Lawyer Do for You?

A mistake many couples in California make is attempting to divide property alone, without assistance from lawyers. They assume there is nothing they can do to change the outcome of property division due to California’s 50/50 community property law. However, hiring a Marin property division attorney can help you in many ways, including facilitating a compromise with your ex-spouse to achieve a settlement that differs from a 50/50 split. Use an attorney for the best possible outcome for your dissolution.

  • Help you understand California’s community property laws. Your lawyer can answer your legal questions and guide you through the processes it will take to resolve your divorce case, providing peace of mind during a hard time.
  • Orchestrate divorce mediation. Mediation can be the best way for your family to save time and money during a divorce. A lawyer can represent you during divorce mediation in Marin to protect your property by improving the chances of reaching a settlement.
  • Establish your property rights from the start. If you are engaged or recently married and wish to preserve your property rights in the event of a divorce, use an attorney to create a prenuptial or postnuptial agreement. These legal documents can control property division for you from the beginning of your union.

If your divorce case does end up going to trial in California, your lawyer can represent you to make sure your ex does not infringe upon your property rights. A lawyer can present your side of the case to a judge on your behalf. Most divorce cases in Marin, however, can successfully settle with professional legal assistance. Your lawyer can help you create and fight for a fair property division plan while achieving the most efficient legal process possible.

Speak to a Marin Property Division Lawyer Today

Property division is a difficult matter in California, especially with the state’s uncommon community property law. You are at risk of splitting everything with your spouse 50/50 — even if you were the main breadwinner during the marriage. The Marin property division lawyers at Schoenberg Family Law Group can stand by you to protect your assets using proven and aggressive legal strategies. We can save you time, money and stress with a personalized solution. Learn more about how we can help you with your divorce or separation today. Call (415) 213-2651  or contact us online to speak to a property division attorney near you.