When parties separate as the result of a divorce or legal separation, the court must decide how to divide property and other assets as well as assign any outstanding debt. The court must do this no matter whose name is attached to an asset or debt. Property includes real property, cash, stocks, pensions, investments, household items, jewelry, art, etc.
California is a community property state. This means that any property acquired during the marriage will normally be divided equally between the parties. Generally speaking, property acquired prior to marriage, after separation, or obtained by gift or inheritance is separate property and will be awarded to the party acquiring the property. However, there are many factors and circumstances which can change the characterization of a particular piece of property.
Parties often fall into the trap of believing that “title” to property or the name on an account determines the characterization of the property. It some cases title and name may determine who the property belongs to. In other cases in makes no difference at all. Even in cases where the property may ultimately be awarded to one party, the other party may be entitled to some financial compensation for specific property.
Furubotten Law handles property division with the utmost care. Our attorneys will ensure you are aware of all that you are entitled to as a result of a divorce or separation. We are equipped to provide full representation on all your property division issues. We are also committed to providing attorney assisted services for those clients who wish to consult with an attorney but continue to represent themselves.
We have solutions for almost every budget. When you just can’t afford full attorney representation, check out our Attorney Assisted Services page to find out about obtaining limited services for:
- Property Settlement Agreements
- Attorney Consultations and Case Evaluations
Contact our offices today for a FREE initial consultation of your property settlement case and find out which of our services are right for you.