family law

Caring Guidance from a Family Law Expert

James D. Madden & Aruna P. Rodrigo, Family Law Attorneys

Property Division in Divorce

You Need a Skilled San Bernardino Divorce Lawyer

If you are considering divorce or are already in the filing process, you may be wondering what will happen to your assets and debts. Who will get to keep the house? Will you have to divide everything straight down the middle? Are you going to lose your most valuable assets? Property division can be one of the most heated and complex issues in a divorce, making it crucial that you obtain legal counsel when navigating these matters.

James D. Madden & Aruna P. Rodrigo, Family Law Attorneys has the legal skills, qualifications, and experience to guide you through property division matters. We know how stressful these situations can be, which is why we offer steadfast, insightful, and compassionate counsel tailored to your unique case.

When you need a San Bernardino divorce lawyer, do not hesitate to call us!

Community vs. Separate Property

In California, any property that is acquired or shared within a marriage is considered to be community property. This is what will be divided in divorce. Anything kept separate or obtained before the marriage may be deemed as separate property. This means it will not need to be divided.

You and your spouse will need to identify your community assets, such as:

  • Investment and retirement accounts
  • Stock options and bonds
  • The marital home
  • Any other property
  • Taxes and credit card debt
  • Family-owned businesses or ventures
  • Bank accounts

California law requires that any community property be divided equally in a divorce. This means spouses must determine what they deem to be equal between them or the court will do it for them. This can quickly become a heated debate, as both spouses may want certain assets. Similarly, debt must be divided equally between spouses, with each taking a share in addition to their share of assets.

Separate property is anything acquired outside of the marriage, such as inheritances or separate ventures. It will not go through the division process, as it is considered to belong to each individual spouse. Classifying property and debt as separate can be challenging, but it is crucial to ensure the right assets are included.

Do I Really Need a Divorce Lawyer for Property Division?

In many cases, property division can be overwhelming and confusing for both parties involved. You may need to work with a San Bernardino property division lawyer who can help ensure the property is divided fairly in your divorce.

When you work with our firm, you can rest assured that your case is being handled with your best interests in mind.

Put Experience on Your Side