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If you get divorced or legally separated in California, you will have to handle the issue of property division. This is how you and your ex-spouse will divide all of the property and debts acquired throughout the course of your marriage. Property division is often one of the most contested matters in a divorce case in Palo Alto. If you wish to speak to a Palo Alto property division attorney, request a consultation with a lawyer at the Schoenberg Family Law Group today at (415) 275-2987.
California is one of only nine community property states in the U.S. The rest of the country abides by an equitable distribution law when it comes to dividing property. In an equitable distribution state, a judge divides marital property in a way that is equitable, meaning fair, for both parties. In a community property state, the courts split marital property down the middle – 50/50 – regardless of what is fair. Marital or community property can include:
It is necessary to make a list of all of your property, assets and debts to submit with your divorce paperwork, known as your financial disclosure. A lawyer can help you with this process. Initially, a couple will have the opportunity to create their own property division agreement. They will both need to agree on how to divide all marital assets and debts to come to a settlement agreement. If they cannot compromise with each other, all community property and debt will be shared equally by both spouses.
The courts only have the right to divide property that is classified as part of the community in a divorce or legal separation in California. Community property refers to anything gained or acquired during the marriage. Anything that either party had prior to marriage is separate property. Separate property also includes any gifts or inheritance given to only one spouse during the marriage. California’s community property law does not apply to separate property.
Despite California’s community property law, you do not necessarily have to split everything that you’ve earned with your ex. There are a few ways to protect your property and assets during a divorce case. First, you can create your own property agreement that better protects your interests by attending alternative dispute resolution meetings with your spouse, such as mediation or arbitration.
Second, you could protect yourself ahead of time with a prenuptial or postnuptial agreement. This is a legally binding contract signed before or soon after marriage that organizes property division in advance. Third, you can keep your separate property separate, rather than joining it together with your spouse and making it community property (commingling). Finally, you can hire an experienced family law attorney in Palo Alto to represent you during property division.
"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
