| Property Division in California |
One of the most important aspects to address during a divorce is how marital property will be divided. A couple has the right to reach a property division arrangement on their own. However, if the couple cannot agree on how to divide their joint assets, California property division laws will apply.
In California, community property (which is considered any property acquired during the course of the marriage) is divided as equally as possible between the parties. And because California is a no fault state, certain circumstances, such as adultery or abandonment, are not taken into consideration when determining how community property will be divided. That being said, there are always exceptions to the rule, so it’s important to consult an experienced divorce attorney to ensure you receive a fair settlement.
How a Los Angeles Divorce Lawyer Can Help
Hiring an attorney to represent you during the divorce is one of the best things you can do to ensure your rights are protected and aggressively advocated. With an attorney on your side, your ex will be less likely to try and undermine your property rights, and, should your ex try to hide or keep assets from you, an attorney can make this fact known to the judge and advocate your rights to those assets.
Although California property division laws seem fairly cut-and-dry, things can get contested when the parties disagree on what is considered community property and what is considered separate property. Because separate property is not subject to equal distribution (it remains with the spouse who acquired it), often times one spouse may claim a particular asset is considered separate property. An attorney can help determine whether property should be considered separate or community property, and then make sure your interests in that property are protected, whether that means protecting the property from being split or making sure it is included in property slated to be divided.
If you are looking for experienced and professional representation for a
property division issue, a skilled
Los Angeles divorce attorney at Claery & Green can help.
Contact Claery & Green today at (310) 362-2273 to learn more.
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Posted By Claery & Green on February 12, 2010 09:30 am | Permalink  |