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Navigating Asset Division During Divorce Or Separation

Ending a marriage requires addressing the property and finances you’ve acquired during the marriage, as well as those you may have brought into the marriage. California is a community property state, which means that the property you gained while married is considered equally owned by both of you (with some limited exceptions). There are many nuances to consider, however. Untangling separate versus community property can be a complicated endeavor.

At Amaral Law Inc., I can help you address these and other issues in your divorce or separation. I’m Tamran Amaral, a family law attorney with more than two decades of experience in the field. I am well-versed in the intricacies of California family law, including the nuances of property and debt division.

You can turn to me for guidance on handling property issues involving:

  • Houses and real estate
  • Business interests
  • 401(k)s, IRAs and other retirement accounts 
  • Pensions
  • Stocks and stock options
  • Checking, savings and investment accounts
  • Gifts and inheritances
  • Debts
  • Pets
Some of these assets – such as gifts, inheritances and retirement accounts – may be separate property rather than community property. It depends on the circumstances.

Frequently Asked Questions About Property Division In Divorce

If you have questions about asset division in divorce, you’re not alone. Below you will find general information regarding common questions.

What Is Community Property?

Community property is a legal principle governing property division in divorce. In community property states such as California, property that either spouse obtains during the marriage is considered the property of both spouses, regardless of title. There are some exceptions, however. Inheritances or gifts to one spouse may be considered separate property, provided that property is treated as such and kept separate.

Does Community Property Have To Be Divided 50-50?

Not necessarily. California law requires community property to be divided fairly, which doesn’t always mean splitting it down the middle.

What Happens If My Spouse Tries To Hide Assets?

Your lawyer can use various tools, including enlisting forensic accountants, to track down the assets. If the assets have already been spent or squandered, you can pursue recourse in court. California law penalizes those who try to hide assets in divorce by granting those assets to the other party.

Get Answers To Your Property Division Questions

To speak with a knowledgeable, caring lawyer who will take your questions seriously, please call my office in Stockton at 209-881-9136. You can also send me an email through the website or shoot me a text.