Property division is a challenging aspect in nearly every divorce case. This is especially true of long-term marriages or partnerships where spouses own real estate, complex assets, and investment accounts. Dividing property to suit both parties’ needs can be made more difficult when spouses cannot communicate. If you are going through a divorce, contact the Sonoma County divorce attorneys at the Schoenberg Family Law Group, P.C. law firm.
At the Schoenberg Family Law Group, P.C., our property division attorneys use our legal and financial knowledge to help you navigate your property division case. We know the necessary steps to avoid the common financial pitfalls that plague spouses both during and after the finalization of their divorce.
Contact the Schoenberg Family Law Group, P.C. today to schedule a consultation with one of our property division attorneys. We are:
- Focused and dedicated to success;
- Compassionate and empathetic of the divorce process and its ramifications; and
- Skilled in all areas of divorce resolution, including mediation and litigation.
Let Our Sonoma County Property Division Attorneys Help You
Retaining an experienced property division attorney for your divorce case should be a priority. The first steps you take in your divorce will play a critical role in the remainder of your divorce.
At the Schoenberg Family Law Group, P.C., we ensure you understand the divorce and property division process in California and how California’s property division laws apply to you and your case. This allows you to make informed choices throughout your divorce.
We then work with you to explore a wide array of property issues as they affect you, such as:
- Business valuation and division;
- Division of retirement accounts and pension plans;
- Hidden assets and asset tracing;
- Division of real estate;
- Division of stocks, bonds, and mutual funds; and
- Clarification of community property and separate property.
Let the Schoenberg Family Law Group, P.C. work with you to achieve your property division goals. Our family law attorneys in Sonoma County will keep you informed about any developments throughout your case and promptly return your calls and emails.
Sonoma County Property Division Attorney Quick Links
- Is California A Community Property State?
- What is Community and Separate Property?
- Contact an Experienced Property Division Lawyer in Sonoma County
Is California a Community Property State?
- California is a community property state. This means that all property and debts acquired during a marriage belong to both spouses. “During the marriage” is from the first day of the marriage until the date of separation.
- The division of community property needs to be equivalent in value. Since many assets cannot be split down the middle, spouses can creatively divide debts and assets as necessary.
- Spouses may choose to bypass the traditional division of community property by entering into a prenuptial or postnuptial agreement and expressly stating another type of division.
What Is Community Property?
Not all debts and assets belonging to married spouses are community property. Community property typically includes:
- All earnings that either, or both spouses, earned during the marriage;
- All banking accounts holding community monies, regardless of whose name is on the account;
- Assets like homes, cars, and boats acquired during the marriage with community property monies, even if the title only carries one spouse’s name;
- All loans, mortgages, and credit cards acquired during the marriage, even if only one spouse incurred the debt;
- The portion of a pension, profit-sharing, or retirement earned during the marriage; and
- The assets and value of a closely-held business developed during the marriage.
What Is Separate Property?
Separate property is a property not subject to division at the time of divorce or separation. Separate property is generally:
- Anything acquired by a spouse before the marriage and kept separate during the marriage;
- Earnings, rents, profits, or interest on the separate property;
- Inheritances or property acquired by one spouse during or before the marriage by way of gift or devise;
- Any asset acquired during the marriage but paid for with separate property funds and kept separate from the community;
- Anything acquired by one spouse after the parties separate; and
- Parts of retirement, pension, or profit-sharing earned before marriage or after the “date of separation.”
Over time the separate property can mix with community or marital property. This mixed property creates a challenge in property division that can require expert help to untangle.
Contact an Experienced Sonoma County Property Division Attorney
At the Schoenberg Family Law Group, P.C., we have more than thirty-five years of experience obtaining favorable results for our clients in all forms of dispute resolution. Our attorneys realize your property division case is unique and want to learn about your circumstances and legal goals.
Contact our office in Sonoma County to speak with a professional about representation today. We will meet with you confidentially to answer your questions and address your property division concerns.