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Property division refers to the allocation of property, assets, earnings and debts to each spouse after a divorce. It is one of the main disputes a couple must address during a dissolution of marriage. A couple can attain property division through a mutual agreement, divorce settlement or judicial decree. The details of your property division will depend on the circumstances of your case.
Property division is one of the most complex and asked-about topics associated with divorce cases in San Jose, California. It is normal to wonder how the courts might divide your property and assets during a divorce trial. Understanding California’s property division laws, as well as ways you may be able to work around them, is easier with an attorney. Contact the San Jose property division lawyers at Schoenberg Family Law Group right away to discuss your divorce case.
During a divorce case in San Jose, community property refers to assets and debts accumulated by a couple after marriage. It can also refer to separate assets the couple comingled upon marriage, such as creating a joint bank account. Separate property is each spouse’s individual assets he or she had before the marriage or kept separate during the marriage. Gifts and inheritance are also separate property, even if acquired during the marriage.
The California courts divide assets in a divorce based on a community property law. This is a relatively uncommon type of division doctrine that only nine states in the US use. Under California’s property division law, the courts will split all community property down the middle, 50/50, between a couple during a divorce case. This is in contrast to equitable division states that divide property based on what is fair or equitable for the couple, even if that is not 50/50.
High-asset division is especially complex during a divorce case. If you and your spouse have high-value assets, such as homes, vehicles, businesses or investments, use a property division lawyer to help protect your share of the property. The same is true if your spouse has significant debt you wish to avoid. A lawyer can help you figure out how to divide your assets appropriately and fairly.
A lawyer may be able to protect your high-value assets from going to your ex-spouse in a divorce. A lawyer could assist with estate planning and a prenuptial/postnuptial agreement, for example, before a divorce. If your divorce case goes to trial in San Jose, your lawyer can also represent you to increase your chances of a fair property division outcome.
Despite a general 50/50 split under California’s community property law, property division can be anything but simple for couples. Depending on the types of assets involved, as well as their value, your property division case could be highly complex. If you commingled your assets, for example, it can be difficult to distinguish your marital property from separate property. Many couples have to resolve several legal issues before they can negotiate a property division settlement agreement in San Jose.
The Schoenberg Family Law Group, P.C., is equipped to handle every type of property division issue, including the following factors that could make asset division more complex:
Our lawyers have extensive experience with complex and high-asset divorce cases in San Jose. We are prepared to tackle any challenge and a wide range of financial issues. For example, we can address a diverse portfolio if you own a multimillion-dollar estate, your business if you are an entrepreneur, and unpaid taxes and other marital debts. We have connections to forensic accountants, private investigators, valuation experts and appraisers to ensure that all of your assets are accurately identified and valued.
Mediation is a popular form of alternative dispute resolution (ADR) during a divorce case in California. It is an informal meeting involving both parties and a mediator. A mediator is an unbiased third party who typically has training or experience with conflict resolution, such as an attorney or a retired judge. During mediation, the mediator will host negotiations and encourage both parties to reach a compromise or settlement agreement.
Mediation is especially helpful during asset division in a divorce case. Since property division is often a point of contention, mediation gives a couple the chance to communicate and work together to come up with an agreement that works for both parties. This can enable the couple to avoid an expensive and lengthy divorce trial.
During mediation, both parties will be separated into different rooms after introductions are made. Then, the mediator will go back and forth between the parties to ask questions and understand their goals. Both parties can have attorneys present during mediation, if desired. An attorney can help you protect your rights and voice your goals during the meeting.
The mediator will help the couple communicate and resolve conflicts regarding asset division. At the end of mediation, the couple can decide whether or not to resolve the case and sign a settlement agreement. However, mediation does not have to end with a settlement. The couple can walk away without having the issue resolved and revisit it again later during another mediation meeting. The couple can also decide to take the case to trial, if necessary.
Mediation can save time, money and stress for a couple that is struggling with property division in San Jose. It can prevent a divorce case from having to go to trial to be resolved, which can save thousands of dollars as well as a great deal of time waiting for a court date. Reaching a settlement during mediation also keeps the matter private. In contrast, litigation is part of public record and can be a long, drawn-out process with much higher costs. If you believe that mediation is the right choice for your property division case, consult with an attorney who can help.
Although California’s property division laws split everything 50/50, it is possible to work around them to achieve an asset division arrangement that better suits your needs. The courts will always give a couple the chance to work out a property division agreement on their own first. Judges will sign off on most property division arrangements. Use an attorney for help with your property and debt division.
Property division is an aspect of divorce most couples dread. You and your ex-spouse may be able to work out a satisfactory agreement without intervention from a judge, however, with help from a divorce attorney in San Jose. The advice you receive from your lawyer could enable you to compromise with your ex, such as trading a piece of property for a smaller portion of community debt. A lawyer can aggressively protect your rights and do whatever possible to achieve a desirable outcome.
Do not risk having the courts divide your assets and debts 50/50. Improve your chances of avoiding California’s community property laws by hiring a San Jose property division lawyer. The attorneys at Schoenberg Family Law Group may be able to help you prevent your assets from going to your ex-spouse during a divorce. We can use several proven strategies to try to protect your property. We can also take care of confusing legal processes on your behalf, such as filing your divorce petition.
Handle property division without stress with help from a lawyer during your divorce case in San Jose. Our lawyers can provide confidence and peace of mind when you need it the most. Contact the Schoenberg Family Law Group at (415) 213-2651 or use our online form 24/7. We provide personalized and strategic property division solutions. We handle all family law claims in the San Jose area.
"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
