Property division is a complicated aspect of most divorce cases. Dividing a modest estate may be simple with a couple who can work together to achieve an uncontested divorce. However, most dissolutions of marriage have more complex property division processes. If you and your spouse disagree on property division, have complex or high-value assets, or are unsure if community property interest exists, a Mountain View property division attorney can be instrumental.
Schoenberg Family Law Group, P.C., has Certified Family Law Specialists to help our clients successfully navigate California’s property division laws. We will help you establish goals and identify the most important aspects of your case. Then, we will work diligently to pursue a positive outcome using tailored legal strategies. Find out how our established team of Mountain View family lawyers can help you. Schedule a consultation at (415) 969-2981.
Why Choose Us
- We try to resolve every divorce case without litigation. However, when this isn’t possible, our formidable trial lawyers can go to court on your behalf.
- Your lawyer will treat you with the utmost respect, compassion and dignity. We are always honest and upfront with our clients.
- Attorney Debra R. Schoenberg is a certified specialist in family law with more than 35 years of experience in this practice area.
How a Mountain View Property Division Attorney Can Help
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.
What Is California’s Property Division Law?
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.
Community vs. Separate Property
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:
- A family home
- Real estate
- Security deposits
- Bank accounts and cash
- 401(k) plans and pensions
- Life insurance plans
- Stocks and bonds
- Intellectual property
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.
How Can You Protect Your Property in a Divorce Case in California?
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.
When You Should Hire an Attorney to Handle Property Division
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:
- High-asset divorce
- High-profile divorce
- Complex assets
- Suspected hidden assets
- Jointly owned business
- High marital debt
- Bankruptcy in divorce
- Your ex-spouse has hired an attorney
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.
Contact a Mountain View Property Division Attorney Today
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.