Offering Compassionate Legal Representation To Help Families Overcome Separations

California Property 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. Family law attorney Tamran Amaral founded our firm, Amaral Law Inc., to help families in Stockton with their legal challenges. If you are going through a separation or divorce, we can provide guidance and advice regarding your property division. Contact us to schedule an initial consultation to learn more.

Dividing Property In A California Divorce

California is a community property state. This means that the courts consider any property you acquired while married as owned equally by both of you, with some limited exceptions. However, there are many nuances to consider. Untangling separate versus community property can be a complicated endeavor. When it comes to dividing your property, we provide guidance on the fair division of:

Houses and real estate
Business interests
Pension, retirement plans, and much more
Stocks and stock options
Checking, savings and investment accounts
Gifts and inheritances
Debts
Pets

Depending on the circumstances, some assets, like gifts, inheritances and retirement accounts, might be considered separate property. As experienced California family law and divorce lawyers, we are well-versed in the intricacies of California divorce laws, including the nuances of property and debt division.

Frequently Asked Questions About Property Division In Divorce

In any divorce or separation, dividing assets can get complicated. If you have questions about asset division in divorce, you are not alone. Below you will find some answers to common questions.

What is community property?

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

Does community property have to be divided 50-50?

Community property does not necessarily have to be divided equally in a 50-50 split if there is an agreement otherwise. However, absent an agreement, most often assets, as well as debts, are divided equally between the parties.

What happens if my spouse tries to hide assets?

If a spouse is trying to hide assets, you and your divorce lawyer have options. For example, enlisting the help of a forensic accountant can help identify and track down assets that have been hidden. Also, 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 a divorce. Sometimes, those hidden assets are awarded to the other party as a means to deter those from hiding assets in a divorce.

Get Answers To Your Property Division Questions

To speak with a knowledgeable, caring lawyer who will take your questions seriously, please call our office in Stockton at 209-740-4800. You can also send us an email through our website. We are also available by text.