Property Division in California
My Family Law Firm Helps You Protect What Matters Most
The house, that expensive jewelry, your vehicles-these are all things commonly brought to your attention in the midst of a divorce. If you're suddenly realizing how valuable these things are to you and fear that they may be taken away, you'll need an experienced Roseville family law attorney on your side. At the Law Offices of Evan Samuelson, I work hard to protect the things you feel you can't live with it, no matter their size or worth.
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How is property divided during a divorce?
Like any state, California upholds strict laws that determine who gets what in a divorce. These laws are founded on the fact that California is a community property state, which means that most property is owned equally by both spouses and must be divided equally as a result. Couples are allowed to allocate their own property but the court may need to get involved if a decision cannot be reached.
Property is separated into one of two categories: community or separate property. Anything that was given as a gift or inheritance or acquired before the marriage is considered separate and is therefore excluded from division.
Community property includes any of the following acquired during the marriage:
- Pension, retirement, or other employment benefits
- The marital home
- Accumulated debts
- All monetary earnings
- Real estate
One of the most challenges aspects of property division is determining the worth of everything involved. Each item must be given a monetary value before it can be divided, either by the spouses or the court. After everything has been valued, the property is then divided. There are a number of ways to do this, whether by assigning specific items to each spouse, allowing one spouse to "buy out" another's assets, or by selling the assets and splitting the profits made as a result. A skilled family lawyer can help you and your spouse reach a fair and practical agreement.
Call to speak with a Roseville divorce attorney!
When you're in the moment, it can be difficult to think clearly and approach property division logically. I can offer the objective legal counsel you need, while fighting aggressively for your rights. With over 20 years of experience, you can feel confident with the legal representation I offer.
For comprehensive legal support, contact my firm! I look forward to achieving success on your behalf.