Serving San Diego, Escondido, Poway, Chula Vista, & Nearby Areas
Dividing property, assets, and debts is often one of divorce’s most anticipated and complicated aspects. California is a community property state, meaning assets and debts are divided equally. While this may seem simple enough, determining what is community property and what is not can become hotly contested.
If you are navigating property division in divorce, you can benefit from the strategy and advocacy of our attorneys at Shorb & Connor, LLP. When we take on clients, our goal is for them to be comfortably situated after divorce and able to move forward with their lives. To accomplish this, we work closely with those who turn to us, taking the time to understand their situation, the relevant laws, and what they need from their case’s outcome.
Begin developing your case strategy today with our asset division and protection lawyers in San Diego. Call (888) 222-1220 or connect with our office online.
Defining Community & Separate Property in California
California law maintains that any assets or debts acquired during marriage are community property and belong equally to both parties, thus requiring equal division in divorce.
Community property can include:
- Real estate
- Vehicles
- Bank accounts
- Investments
- Businesses
- Retirement plans
- Valuable personal property
- Debts, including mortgages and credit card debts
On the other hand, separate property includes assets or debts acquired:
- Before the marriage
- After the date of separation
- After the divorce has been finalized
Separate property does not need to be divided in divorce. It is important to note that inheritances or gifts received during marriage are considered separate property.
Although what we have laid out is straightforward, identifying whether property is shared can be difficult. Property ownership often commingles after marriage, so portions of an asset or debt are community while the rest is separate. Having a lawyer carefully determine and fight for what is rightfully yours can make all the difference in this divorce matter.
How You Can Take Control of Property Division
If you leave asset division up to a California court, you may not get a settlement that works for you or your family. Instead of allowing the courts to decide how to divide your assets, you and your spouse can reach a settlement that makes sense for your family and its needs. How does this work?
You or your spouse can agree to keep assets like a family home, car, or business while giving up another of equal value. You may also divide assets like bank account balances or retirement funds, apportioning them fairly. Spouses can agree, in writing or on the record in court, to divide their property unequally. Without that agreement, the court divides the community estate equally.
Valuing Hidden or Complex Assets
At times, it is difficult to locate and value a spouse’s assets, let alone divide them. This is where we can help at Shorb & Connor, LLP. Our attorneys are adept at finding hidden assets and evaluating assets held outside the US. Also, they frequently lean on forensic accountants to obtain professional valuations of assets with unclear values.
If you are in a high-net-worth divorce involving international assets, cryptocurrency, complex stock portfolios, or other valuable assets/property, let us work to secure what you deserve.
Make Our Strategy Your Advantage
Strategy is everything at Shorb & Connor, LLP. We spend a great deal of time planning our approach to clients’ cases, so that when it comes time to enter negotiations or go to court, we are ready to overcome challenges and pursue ideal outcomes. With our attorneys’ more than 40 years of combined experience, the strategies we develop and implement are backed by unique insights and a firm understanding of California law.
To find out how our San Diego asset division and protection lawyers might approach your case, contact our firm today. Initial consultations are free, so do not wait to call (888) 222-1220 or connect with us online.