Coto de Caza Property Division Lawyer

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Coto de Caza Property Division Attorney

Nobody ever expects to get divorced when they tie the knot. Unfortunately, divorce is not uncommon. Some marriages simply can’t withstand certain situations, such as infidelity, financial abuse, or stagnation. In many cases, divorce may be the only option for you to move forward with your life. California has very specific laws regarding property division, and you should reach out to a Coto de Caza property division lawyer to learn more about your options.

The divorce rate in California has remained fairly low over the years, with recent statistics reporting around 9% in 2022. If you are pursuing a divorce and you need assistance in working out the property division, the legal team at Cianci Law, PC, otherwise known as Creative Family Solutions, can help you figure out a path forward. We can help mediate asset division negotiations and ensure that nobody tries to take advantage of you at any point.

Coto De Caza Property Division Lawyer

How Does Property Division Work in California?

It’s important to keep in mind that divorce is much more than just signing a piece of paper and moving on with your life. It is a total disentanglement of two lives. Depending on the length of the marriage, those lives may have been enmeshed for decades, and separating them can be much easier said than done. In California, property is divided equally between the two spouses, as California is a community property state.

Community property refers to the total amount of income, assets, and debts that both spouses acquired during the length of the marriage. In a community property state like California, both spouses are considered equal partners when it comes to community property ownership. In a divorce, everything that was acquired by both partners during the marriage is going to be divided equally in a 50-50 split, unless a marital agreement says otherwise.

Separate property refers to property solely owned by one spouse. This includes any property owned before the marriage, gifts, inheritances, and anything earned after the date of separation. In some instances, separate property may become community property if the original owner transfers ownership legally or if the transfer of ownership is found to be fraudulent. Separate property may not be divided in a California divorce.

The Property Division Process in California

In most California divorces, community property is split right down the middle, with each spouse taking 50% of the marital property. This changes if there is a prenuptial or postnuptial agreement in place that says otherwise. The property division process can get complicated and difficult to navigate without an experienced lawyer’s help. Here are the steps in the property division process:

  • Identifying assets. Before assets can be divided, they must first be identified by each spouse. It’s vital that you gather up as much financial documentation as you can find that proves ownership of certain assets, particularly separate property that you don’t want to lose in the divorce. You should make a detailed list of your assets and their value, as well as your debts.
  • Assess value. After you have identified your assets, you may need to have their value assessed by professional appraisers. It’s important to be accurate and truthful when it comes to the value of your assets. Otherwise, you could be accused of hiding money or withholding pertinent financial information.
  • Negotiation. Many couples are able to reach an amicable decision regarding property division without involving the court. If you are able to reach such an agreement, you need to put it in writing for court approval. If you can’t reach an agreement, the court will decide for you.

Following your divorce, you may feel the need to talk to someone about what you’ve gone through. Divorce can be a fairly traumatic experience for many people. In Coto de Caza, you may want to reach out to the DivorceCare program, which is offered at Saddleback Church. That’s just one of many divorce support groups available in the city.

FAQs

Q: How Do You Divide Assets in a Divorce Without a Lawyer?

A: If you decide not to hire a lawyer to help you through your divorce, there is still a way to negotiate asset division on your own. Generally, this would really only be applicable if you were seeking an uncontested divorce and were able to sit down with your partner and reach amicable decisions, which may not always be the case. You and your partner would negotiate between yourselves and develop an agreement for the court to approve.

Q: Do You Really Need a Lawyer for Your Divorce?

A: It is highly recommended that you reach out to an experienced divorce lawyer who can help you with your case. While you are legally allowed to pursue your case alone, you may not want to do that, especially if you have no prior legal knowledge. Your spouse is probably going to hire a lawyer of their own, and you don’t want to end up unprepared in court.

Q: How Does California Divide Property in a Divorce?

A: In California, community property is divided equally with a 50-50 split, unless there is a marital agreement that suggests otherwise. Only community property is divided. A good lawyer can help you fight for what you deserve and assist in the negotiation process.

Q: What Are the Exceptions to Community Property in California?

A: There are multiple exceptions to community property in California, and it’s important to recognize them as you navigate your divorce. Exceptions may include anything owned before marriage, as well as gifts, inheritances, and any assets that are covered in a prenuptial agreement. Make sure you document everything as you go through asset division.

Contact Us Today

The legal team at Cianci Law, PC can provide you with the right tools to navigate your divorce and protect your separate property. Contact us to speak with a valued team member about how we can help your case.

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