Diamond Bar Property Division Attorney

Experienced Property Division Attorney Serving Los Angeles County, CA

When a couple decides to divorce, one of the most contentious issues they face is how to divide their property. In California, property is divided according to community property laws. This means that all property and debts acquired during the marriage are considered community property and are subject to equal division. Property that was acquired before the marriage or after the date of separation is considered separate property and is not subject to division. 

Contact our firm to discuss your case with our Diamond Bar property division attorneys from Apex Lawyers.

What Is Community Property?

Community property is any property that was acquired during the marriage. This includes the family home, vehicles, bank accounts, retirement accounts, and other assets. It also includes any debts that were incurred during the marriage. In California, community property is divided equally between the spouses. This means that each spouse is entitled to 50% of the community property.

Community property includes:

• Income earned by either spouse during the marriage
• Any property that was purchased with community funds
• Any debts that were incurred during the marriage

Community property is divided equally between the spouses, regardless of who earned the income or whose name is on the title of the property. This means that even if one spouse was a stay-at-home parent and did not earn an income, they are still entitled to 50% of the community property.

What Is Separate Property?

Separate property is any property that was acquired before the marriage or after the date of separation. It also includes any property that was acquired during the marriage by gift or inheritance. Separate property is not subject to division in a divorce. This means that each spouse is entitled to keep their separate property.

Separate property includes:

• Property that was owned by either spouse before the marriage
• Property that was acquired by either spouse after the date of separation
• Property that was acquired by either spouse by gift or inheritance

Separate property is not subject to division in a divorce. This means that each spouse is entitled to keep their separate property. However, it is important to note that separate property can become community property if it is commingled with community property. For example, if one spouse owned a home before the marriage and then added the other spouse's name to the title of the home, the home would become community property and would be subject to division.

How Is Property Divided in a Divorce?

California is a community property state, which means that all property and debts acquired during the marriage are considered community property and are subject to equal division. This means that each spouse is entitled to 50% of the community property. However, it is important to note that community property does not have to be divided equally. The court has the discretion to divide the property in a way that is just and fair.

When dividing property, the court will consider a number of factors, including the length of the marriage, the age and health of each spouse, the income and earning capacity of each spouse, and the needs of each spouse. The court will also consider whether one spouse contributed to the education or career of the other spouse and whether one spouse contributed to the household while the other spouse was pursuing an education or career.

Determining Community vs Separate Property in California

It is important to note that the court can only divide community property. The court does not have the authority to divide separate property. However, it is not always easy to determine what is community property and what is separate property. In some cases, separate property can become community property if it is commingled with community property. For example, if one spouse owned a home before the marriage and then added the other spouse's name to the title of the home, the home would become community property and would be subject to division.

It is also important to note that the court can only divide property that is in the state of California. If one spouse owns property in another state or another country, the court does not have the authority to divide that property. However, the court can award the other spouse a larger share of the community property to make up for the fact that they are not receiving a share of the separate property.

Understanding the Role of Mediation in Property Division

Mediation can be a valuable tool in resolving property division disputes during a divorce. This alternative dispute resolution method allows both parties to work collaboratively with a neutral third party to reach a mutually agreeable settlement. At Apex Lawyers, our experienced attorneys can guide you through the mediation process, ensuring that your rights and interests are protected.

Benefits of mediation include:

• Cost-Effectiveness: Mediation is often less expensive than traditional litigation, allowing you to save on legal fees.
• Faster Resolutions: Mediation can expedite the divorce process, helping you reach a settlement more quickly than going to court.
• Confidentiality: Unlike court proceedings, mediation is private, keeping sensitive information out of the public record.
• Greater Control: You and your spouse have more control over the outcome, as you work together to find a solution that works for both parties.
• Improved Communication: Mediation encourages open dialogue, which can lead to better co-parenting relationships in the future.

Let Apex Lawyers help you explore mediation as a viable option for your property division needs. Our team is dedicated to helping you achieve a fair resolution while minimizing stress and conflict.

Get Help from Experienced Attorneys Protect Your Property in a Divorce

When a couple decides to divorce, one of the most contentious issues they face is how to divide their property. In California, property is divided according to community property laws. This means that all property and debts acquired during the marriage are considered community property and are subject to equal division. Property that was acquired before the marriage or after the date of separation is considered separate property and is not subject to division.

Contact our firm to discuss your case with our Diamond Bar property division attorneys.