Diamond Bar Property Division Lawyer

Experienced Property Division Attorney Serving Los Angeles County, CA

When a couple decides to divorce, one of the most contentious issues they face is how to divide their property. In California, property is divided according to community property laws. This means that all property and debts acquired during the marriage are considered community property and are subject to equal division. Property that was acquired before the marriage or after the date of separation is considered separate property and is not subject to division.

Contact our firm to discuss your case with our Diamond Bar property division attorneys from Apex Lawyers.

What Is Community Property?

Community property is any property that was acquired during the marriage. This includes the family home, vehicles, bank accounts, retirement accounts, and other assets. It also includes any debts that were incurred during the marriage. In California, community property is divided equally between the spouses. This means that each spouse is entitled to 50% of the community property.

Community property includes:

• Income earned by either spouse during the marriage
• Any property that was purchased with community funds
• Any debts that were incurred during the marriage

Community property is divided equally between the spouses, regardless of who earned the income or whose name is on the title of the property. This means that even if one spouse was a stay-at-home parent and did not earn an income, they are still entitled to 50% of the community property.

What Is Separate Property?

Separate property is any property that was acquired before the marriage or after the date of separation. It also includes any property that was acquired during the marriage by gift or inheritance. Separate property is not subject to division in a divorce. This means that each spouse is entitled to keep their separate property.

Separate property includes:

• Property that was owned by either spouse before the marriage
• Property that was acquired by either spouse after the date of separation
• Property that was acquired by either spouse by gift or inheritance

Separate property is not subject to division in a divorce. This means that each spouse is entitled to keep their separate property. However, it is important to note that separate property can become community property if it is commingled with community property. For example, if one spouse owned a home before the marriage and then added the other spouse's name to the title of the home, the home would become community property and would be subject to division.

How Is Property Divided in a Divorce?

California is a community property state, which means that all property and debts acquired during the marriage are considered community property and are subject to equal division. This means that each spouse is entitled to 50% of the community property. However, it is important to note that community property does not have to be divided equally. The court has the discretion to divide the property in a way that is just and fair.

When dividing property, the court will consider a number of factors, including the length of the marriage, the age and health of each spouse, the income and earning capacity of each spouse, and the needs of each spouse. The court will also consider whether one spouse contributed to the education or career of the other spouse and whether one spouse contributed to the household while the other spouse was pursuing an education or career.

It is important to note that the court can only divide community property. The court does not have the authority to divide separate property. However, it is not always easy to determine what is community property and what is separate property. In some cases, separate property can become community property if it is commingled with community property. For example, if one spouse owned a home before the marriage and then added the other spouse's name to the title of the home, the home would become community property and would be subject to division.

It is also important to note that the court can only divide property that is in the state of California. If one spouse owns property in another state or another country, the court does not have the authority to divide that property. However, the court can award the other spouse a larger share of the community property to make up for the fact that they are not receiving a share of the separate property.

How to Protect Your Property in a Divorce

When a couple decides to divorce, one of the most contentious issues they face is how to divide their property. In California, property is divided according to community property laws. This means that all property and debts acquired during the marriage are considered community property and are subject to equal division. Property that was acquired before the marriage or after the date of separation is considered separate property and is not subject to division.

Contact our firm to discuss your case with our Diamond Bar property division attorneys.