Property Division in California

Division of Community Property in Divorce

What is property division? When a couple chooses to file for divorce, they must split their property according to how their prenuptial or post nuptial agreement has stated. If a couple does not have either of these legal documents, the decision may be left to a judge in a family court. If the route of divorce mediation is chosen, then the couple may be able to resolve these issues on their own and without the intervention of family court.

Families all across San Diego and the surrounding communities are dealing with difficult matters relating to divorce. When a couple makes the decision to file for divorce, they must come to conclusions regarding vital matters of child custody, property division, child support, alimony and whether they will choose the path of mediation for their divorce. Working with an attorney from Claery & Hammond, LLP can prove to be extremely beneficial for families making troubling decisions during a divorce, especially during the decision making process.

Understanding the Property Division Process

First, the couple must reflect on their agreements and legal documents made during marriage and prior to the marriage. Any property that a party has brought into the marriage and has requested to keep in the prenuptial agreement will remain their property. Furthermore, the soon-to-be exes must divide any assets that they have come into during their marriage. Any debts will be divided accordingly as well.

To find out more about divorce and the division of property, assets and debts after a marriage has ended, please talk to our firm today. At our office, the truly understand the divorce process and can use this to your advantage. Whether your spouse is an active military member or you are filing a contested divorce, we will be able to provide you with valuable advice and assistance. Contact a lawyer from our team to ensure your rights are protected!