Property Division

In California, the division of assets and liabilities will be a key part of a divorce. Whether you are considering a collaborative divorce or believe that you and your spouse will need to go to court to resolve the matter, you will need to consider how property division will affect you. This is why it is important to consult an experienced divorce lawyer.

"Community Property" and Property Division in California

In the event of a divorce, the marital assets that both parties have acquired during the marriage may be considered "community property" and will therefore be subject to distribution. If spouses cannot reach an agreement on their own, the court will split community property equally between both parties. Although in most cases property division will be as equal as possible, there are potential factors that the court may take into account that may affect the division of assets. For example, if one party attempted to intentionally misappropriate property to deny it to the other party, or in certain economic situations, an asset or assets may be awarded to one spouse and not the other.

There are numerous ways a skilled attorney can assist you in addressing the division of property for your divorce. For example, it may come into question exactly what property should be considered "community property" and what is separate. In these situations, your attorney can work to represent your interests and future in order to protect your property from being split with your spouse, or help ensure that certain property is included to be divided. By consulting with a divorce lawyer at Claery & Green today, you can learn more about your specific situation and how we can best assist you.