Dividing Property During Divorce
Under California law, your property rights, as well as responsibility for debts, can be complex and confusing. Do not try to deal with such issues alone. Self-help clinics cannot offer the time and expertise that is necessary in such cases.
Instead, contact our La Mesa, California, law office for assistance in all such matters. Attorney Brian Cochran has negotiated property division settlements in all types of family law cases. In addition, when negotiation does not lead to a solution, Mr. Cochran is a very experienced trial lawyer in the San Diego family law courts. His experience in gathering evidence and preparing for trial is invaluable to clients in the event of actual litigation.
Who Gets What Property During A California Divorce
Community property: Under California law, at the date of marriage, you and your spouse are considered a community. Any property you receive or debts you incur after that point is community property, and belongs equally to both spouses.
This is just an evidentiary presumption, which means you can overcome it with persuasive evidence. For example, if you have a prenuptial agreement that states your assets shall remain separate property, the specific property discussed in the prenup will remain yours.
Separate property: Any property you or your spouse received before marriage or after your separation is considered separate property and will not be divided during your divorce. Similarly, any property you receive by gift or bequest is your own.
Tracing assets as separate or community can be complex and lead to extensive discovery. Our law office is prepared to assist clients in this task. We handle simple asset cases as well as complex litigation.
Call For A Low-Cost Consultation
Remember, when dealing with your home, your pensions, your automobiles and all the other real and personal property acquired during a marriage, it is unwise to try to negotiate your interests or litigate in court without the assistance of an experienced attorney.
Discuss how we can help you with property division in your California divorce by calling 619-419-1669 to arrange a low-cost 30-minute consultation.
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