San Clemente Property Division Lawyer

San Clemente Property Division Attorney

When couples get divorced in California, they must equitably divide both assets and debt. This process is known as property division. A San Clemente property division lawyer can help you identify the assets and debts accrued over the course of the marriage and ensure that they are divided equitably.

How Cianci Law, PC, Can Help With Your Property Division Case

Cianci Law, PC, is a family law firm with years of experience in property division. We understand how challenging family law disputes can be, and we’re here to take on the legal burden. Our team can protect your rights and offer legal advice throughout this often-challenging process. We’ve helped countless divorcing couples divide their assets and debts fairly and simply. We can help you, too.

Why Hire a Property Division Lawyer?

According to the US Census Bureau, California’s divorce rate is approximately 8.9%. While that’s one of the lowest divorce rates in the country, which has an overall divorce rate of 2.4 per 1,000 people, it still means many thousands of Californians are going through the process of property division each year. For those who co-owned their homes, this can lead to many complications.

When you hire a property division lawyer, you’re adding an extra safeguard to ensure that your interests are protected throughout the process. You can also benefit from having an experienced specialist like Melissa Cianci on your side to help with all the legwork, such as identifying assets and debts and filing paperwork at the Superior Court of Orange County.

Hiring a San Clemente property division attorney can alleviate some of the stress associated with divorces and help you focus on what’s important.

What Is Considered Property?

It’s important to clarify what’s considered property. The designation applies to all assets and debts, which can include:

• Real estate
• Cars
• Boats
• Pensions
• Retirement accounts
• Investments
• Credit card debt
• Loans
• Mortgages

Basically, any item purchased or debt taken on during the marriage will be divided during the divorce.

Understanding California’s Community Property Division Laws

California is one of several community property states, which means that any property acquired during either marriage or domestic partnership belongs equally to both spouses and should be divided equally during a divorce. That said, California allows divorcing couples to divide property in a way that they see as fair, so if you can come to an agreement with your spouse that circumvents the 50/50 rule, that’s also acceptable.

Community vs. Separate Property

Not all property owned by married couples is considered community property. This designation only applies to property obtained during the marriage. Anything that was owned by one spouse before the marriage, was inherited by a spouse, or was received by a spouse as a gift is considered separate and will not be divided during the divorce.

Exceptions to the 50/50 Split of Community Property

Monetary assets can be easily split in half, but that doesn’t apply to all property owned by couples. As a result, each spouse is typically awarded a different set of assets. This division can be negotiated through mediation or determined by the court during a contested divorce.

It’s often the case that equalization payments must be made to ensure the fairness of property division. Say, for example, that one spouse gets the house, while the other gets the retirement account. If the house is worth significantly more, the spouse receiving that asset will make a payment to the other spouse to make the division fair. In some cases, judges also order unequal division based on one spouse’s earning capacity and contribution to marital property.

FAQs

What Is a Property Division Lawyer?

A property division lawyer is a legal professional who helps divorcing couples divide up assets and debts equitably so that both parties receive their fair share. They can help with things like identifying property and negotiating terms between the two divorcing spouses. Having a property division lawyer is a good idea for anyone who has acquired community property during a marriage.

What Is the Property Division Law in California?

The property division law in San Clemente, California is that all property accrued during a marriage or domestic partnership is held in common and should thus be split 50/50 upon divorce. There are exceptions to this law. If both members of a divorcing couple agree to a different division of assets and debts, they are free to split the property however they see fit. Having a property division lawyer is a wise idea at this stage.

How Much Does a Property Division Lawyer Cost in California?

A property division lawyer in California usually charges an hourly fee that can vary based on many factors. The total cost of dividing property will vary depending on the complexities of the case, the experience level of the assisting attorney, and whether the couple agrees on how the assets and debts should be split during the divorce.

How Much Does a Property Dispute Cost During a Divorce?

A property dispute during a divorce can be very expensive, depending on the particulars of the case. The more time the property dispute takes to get resolved, the higher the costs. As a result, disagreements over complex assets, such as businesses or high-value real estate, can make property division cases harder and more expensive to resolve.

Your San Clemente Property Division Lawyer

If you’re facing a divorce, you already have enough to worry about without being concerned about finding appropriate legal representation. That’s why you need to hire a San Clemente property division lawyer who can ensure the fair allocation of any assets and debts accrued during the marriage. Cianci Law, PC, Creative Family Solutions, can help.

Our lead attorney, Melissa Cianci, is a Certified Family Law Specialist by the State Bar of California Board of Legal Specialization. We specialize in all aspects of family law, including property division. If you’re concerned about how the property from your marriage will be allocated, contact us to schedule an initial consultation and discuss your rights.

San Clemente Property Division Lawyer Reviews

San Clemente Property Division Resources:

• The Right Approach to Property Division Issues in a Divorce
• Property Division May Affect One’s Credit