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Hiring a property division attorney in Mountain View can come with many benefits for you and your family during a divorce case. Your attorney will understand California’s property division laws and how to navigate them on your behalf. For example, your attorney can handle complex or high-value assets using proven legal tactics. An attorney can also answer all of your legal questions and address your concerns while guiding you through the divorce process in Mountain View. Your attorney will become your greatest advocate and assistant during a difficult time in your life.
The statute that will influence the division of your property in a divorce or legal separation case the most is California’s property division law. California is a community property state, not an equitable division state. It is one of only nine community property states in the country. Under California’s community property division law, a couple that is dissolving a marriage or domestic partnership must divide all of the assets and debts acquired during their union in half.
California law orders a 50/50 split of all community property, whether or not this is fair or equitable to either spouse. Even if you brought more money into your marriage, for example, or your spouse created most of the debt, you will split the community property equally in a divorce case. In an equitable division state, on the other hand, a judge will divide property according to what is fair for the couple, not necessarily equally.
California’s property division law only applies to community property. State law views a marriage or domestic partnership as two people forming their own community. Any debts, property or other assets acquired during the marriage or partnership are classified as community property. This is the only property that is subject to division when a divorce case goes to trial in California. Community property can include:
Separate property, on the other hand, refers to any assets or debts acquired by either spouse before the marriage or domestic partnership. As long as these assets were not commingled when the couple married (such as by creating a joint account or adding the other spouse’s name to a property title), they will remain separate property and will be excluded from division during a divorce case. Separate property also includes any gifts or inheritance given directly to one spouse and not the other during the marriage.
You may be able to protect your assets from division in a divorce case if you take the proper steps. The best way to do so is by planning ahead, such as with a prenuptial or postnuptial agreement. This is a legal document that can allow you and your spouse to work out financial matters ahead of time, while you are still together, including how you will divide your property. Your stipulations will take effect should your marriage ever end. Creating one of these documents can allow you to control the division of your property in a future divorce case.
You can also protect yourself by keeping your hard-earned assets separate when you get married or enter into a domestic partnership. This can mark them as separate property in a divorce case, which is protected from division by the courts. Finally, you and your spouse will have the chance to plan out your own property division plan before your case goes before a judge. With assistance from a family law attorney, you and your spouse may be able to work out a settlement agreement and avoid the court dividing your property down the middle.
You may not need to hire an attorney for a simple divorce case where you and your soon-to-be ex-spouse are on good terms. However, if your case involves any of the following complications, a Mountain View property division lawyer can be valuable:
At Schoenberg Family Law Group, P.C., we can help you address the most difficult aspects of your divorce case while protecting your marital wealth. We can handle even the most challenging divorce cases in California. Our previous clients include entrepreneurs, business executives, professionals, high earners and their spouses.
Divorce is a stressful process, even under the best circumstances. If you need assistance with property division or any other aspect of your divorce case, contact Schoenberg Family Law Group, P.C., for a consultation. We can skillfully handle any issues that arise during your divorce case in the pursuit of your desired outcome. We will protect your interests and assets every step of the way.
To speak with one of our experienced Mountain View property division lawyers about the issues that are specific to your case, please call (415) 969-2981 or contact us online.
"I was seeking a reputable family law firm for my prenuptial agreement and received high praise for the Schoenberg Law Group. My attorney listened to my questions and responded to them very patiently. She also paid close attention all my concerns and made sure I was aware of the legal value of the agreement I was about to sign. It was…”
D.R.“It has been a real blessing to find this family law group in my life. I was in the middle of a custody battle with my ex wife and had a lawyer who had sided with my ex wife’s lawyer. I was faced with the option of paying to a regular lawyer to do half jobs with no results or to invest a bit more for a top family counselor who understood my situation and at the same time not giving me false hopes."
A.L."I hesitated filing papers for a long time because I was not sure if I could survive a long legal battle. When we were married, my husband worked while I raised the children, two under four years old, and I was afraid I would lose the stability they needed. I had a wonderful group of friends that helped me search for a reputable law firm that could represent me when my focus was on my children. They found the"
L.A.We are trial lawyers who litigate high-conflict, high-stakes cases. While we try to build on mediation efforts and exhaust opportunities for a negotiated agreement, emotions, egos and various other realities often force these disputes into court. It is critical to work with a firm that knows how to apply the law and the facts in your favor, whether in the courtroom or at the negotiating table.
Debra Schoenberg was named a Fellow of the American Academy of Matrimonial Lawyers (AAML)
Designated as a Certified Family Law Specialist by the State of California Board of Legal Specialization
Board-Certified Family Law Trial Specialist by The National Board of Trial Advocacy (NBTA)
One of California’s Top Family Lawyers for five consecutive years: 2022–2026
SFLG Voted #1 Family Law Firm in California for six consecutive years: 2021 - 2026
One of the Best Places to Work in the Bay Area by San Francisco Business Times
“My goal is to preserve your dignity and your humanity throughout what can be a very difficult and painful process, while at the same time achieving a favorable outcome on your behalf.”
Over 400 Years of Collective Family Law Experience
Debra R. Schoenberg
Owner & Founder
Lily Huang
Senior Associate
Kimia Kojouri
Associate
Miho Takarada
Senior Counsel
