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