Glendale Property Division Lawyer
Glendale Property Division Attorney
The division of marital property can be a stressful and complicated part of the divorce process. However, you don’t have to figure it out alone. With the help of a skilled Glendale, CA, property division lawyer, you can feel confident about approaching legal proceedings.
At the Law Offices of Patricia Rigdon, our competent legal team has extensive experience in helping spouses through divorce litigation and mediation. Whether you’re dealing with property division, child custody, spousal support, or other legal separation matters, an expert Glendale, CA divorce lawyer can provide the guidance you need to navigate this challenging time.
Understanding the Basics of Property Law in Divorce
In California, there are two main types of property you may deal with during divorce or separation proceedings: separate and community. Community property, sometimes called marital property, is the sum of a married couple’s debts and assets from the time they were married until the date of separation. This type of property generally must be divided equally during divorce proceedings. Community property can include one’s income, real estate purchases, and more.
In contrast, separate property includes all assets or financial liabilities that each spouse incurred before marriage as well as after they officially separated. In most cases, each spouse’s separate property is not subject to division and remains in each person’s respective possession. Separate property can include individually inherited gifts in addition to other forms of property such as bank accounts, businesses, real estate, etc.
Figuring out what’s community property and what’s separate can get tricky, especially when dealing with things like shared homes or businesses. California’s property division laws help make sure everything is divided fairly, but it’s not always easy to understand.
How the Division of Property Process Works in CA
In the state of California, each spouse is entitled to up to half of all community property during divorce proceedings. The goal of property division is to find a fair arrangement that allows each spouse to walk away with an equal amount of net assets. This is the general rule for spouses who waive their right to alimony and do not share children together. If children or spousal support are involved, the paying party may be ordered to provide less than half of their assets.
You and your spouse can choose to work collaboratively to divide marital property through mediation or a similar alternative dispute resolution method that doesn’t involve the court’s intervention. However, your plan for property division must ultimately be approved by a judge to ensure it adheres to the state’s divorce laws. Additionally, if you and your spouse are unable to reach an agreement regarding property division, the matter is left up to a court judge to decide.
When Would I Need a Property Division Lawyer’s Help?
It’s highly advised that you consult with a compassionate family lawyer in Glendale about your property division issues, even if you and your spouse seemingly have an amicable or simple case. It’s never guaranteed that you will receive a fair half of the community property as expected. A property division lawyer can ensure you’re effectively represented and advocated for and that your rights are protected.
FAQs About Glendale,CA Property Division Law
Is California a Community Property State?
Yes, California is a community property state. This means the division of community property must be equal as deemed by a family court judge or agreed upon by both spouses before the marriage dissolution can be finalized. When spouses marry, all property or debts collected by either party during the course of their marriage are known as community property. This type of property is usually split as evenly or fairly as possible, depending on the spouses’ circumstances.
What Are Some Examples of Separate and Community Property?
Examples of community property include each person’s income, anything bought by either party using wages earned during the marriage, a business or investment venture funded by community property, and any debt incurred over the course of the marriage.
Separate property includes any assets or financial obligations collected before the start of a marriage or after the date of separation. This includes gifted or individually inherited property and anything owned or owed by either person prior to or after the marriage.
What Factors Can Impact Property Division in California?
In California, the ultimate goal of property division is for each party to walk away with an equal amount of net property, including assets and debt. However, several factors can influence what may be reasonably considered “equal,” according to a family court judge. Not every asset can be divided in half, so more creative strategies may be necessary.
How Is the Date of Separation Decided in CA?
Determining the date when you and your spouse officially separated is an important part of property division and other divorce issues. Generally, the date of separation is when either party expressed through words or actions that they wished to end the marriage. Additionally, the actions of either party following that day should have been consistent with wanting to end the marriage.
Do I Need to Have a Property Division Lawyer in CA?
While you are not required by law to consult with a property division lawyer, it is highly recommended that you do so for a variety of reasons. Many aspects of divorce may seem simple but are very complex.
Even if you and your spouse are willing to compromise on property division issues, you may not receive as much property as you were expecting. An experienced family lawyer can ensure your goals and rights are fairly represented throughout the proceedings.
Entrust a Property Division Professional with Your Case
Deciding to go through a divorce is never easy. Make matters easier for yourself by streamlining the process with a family law professional’s help. Contact us today at the Law Offices of Patricia Rigdon to schedule a meeting with a property division lawyer.
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The mediation process provides a more peaceful alternative to fighting about your personal issues in court. Read more to see if divorce mediation is right for you.
Collaboration brings attorneys, mental health professionals & accountants together to resolve family issues without going to court. Read more to see if a Collaborative Divorce is right for you.
Litigation in the divorce process involves submitting issues to family court in order to resolve them with the assistance of a judge, if both parties cannot reach an agreement in other ways. Read more to see if Divorce Litigation will be needed.
