Fontana Property Division Lawyer

Fontana Property Division Attorney

When a marriage ends, the spouses must make legal arrangements for dividing the property and debts from their marriage. This can be one of the most stressful parts of a divorce case, and it is not uncommon for emotions to run high. If you are facing divorce, a Fontana property division lawyer from Edgar & Dow Family Law can help ensure your property is divided equitably and your rights are protected in the agreement.

Property Division in Fontana

In California, marriage is a legal contract, and so divorce, often referred to as dissolution of marriage in legal contexts, is also a legal process. This process involves splitting property and debts acquired during the marriage, as well as determining spousal support and child custody and support, where applicable. Ideally, ex-spouses can come to a mutual agreement on these issues, but if that is not possible, a judge makes the final decision on how to divide the assets.

Fontana is home to around 60,000 families. About 55% of these households have married householders, and nearly 40% have children under the age of 18 living at home. The divorce rate in California is 5.88 divorces per 1,000 residents, a significant difference from the national rate of 7.1 divorces per 1,000 residents.

Understanding Community Property vs. Separate Property in Marriage

California laws help ensure that each spouse receives an equal share of the marital property in a divorce case. In California, the property of married couples is classified as either community property or separate property.

Community property is all the assets and debts acquired by either or both spouses during the marriage. In most cases, it doesn’t matter whose name the property is in, and everything acquired during the marriage is legally owned by both people and thus counts as community property. Assets are still owned by both spouses until it is legally divided in a divorce agreement and signed by a judge.

Separate property is all the assets and debts acquired by each person either before the marriage or after the date of separation, which is considered the day one partner informs the other that they want to end the marriage and then acts accordingly, such as living separately. In general, most individual gifts or inheritances are also separate property, even when they were received during the time the couple was married.

Courts generally divide community property evenly between spouses, and each spouse keeps ownership of their separate property. In some cases, it may make sense for spouses to agree to a more equitable division of property, which a judge may still need to approve. Divorce matters in Fontana are typically handled at the San Bernardino Justice Center, located at 351 North Arrowhead Avenue.

Complications of Property Division

It may seem like who owns what assets is pretty straightforward, but it can often become complicated quickly. Community property includes property either spouse bought, any money either spouse earned, and any debts either spouse took on during the course of the marriage. This includes financial accounts, such as pensions or retirement accounts, that are in only one person’s name. Such assets can be especially complex to divide between spouses.

In addition, there are some exceptions. Student loans, for example, are normally considered separate debt. When community money, that is, any income earned during the marriage, is used to pay student loan payments, the other partner may be eligible for reimbursement of their share of the money paid on the student loans.

Even when couples keep their money separate during marriage, the property may still be a mix of community property and separate property. When one spouse buys a house before marriage but then pays mortgage payments with the income earned during their marriage, the portion paid before marriage can be classified as separate property, and the portion paid while married can be classified as community property.

FAQs About Fontana, CA Property Division Laws

What Is the Property Division Law in California?

California is a community property state, which means that all assets and debts obtained during the marriage are generally split evenly between spouses when they divorce. This includes the family home, vehicles, furniture, household items, and financial accounts such as checking, savings, investments, and retirement plans. The only property that is not split evenly is what the person owned before the marriage, or individual gifts or inheritance.

Which Kind of Lawyer Do You Need for Property Division?

The kind of lawyer you need for property division is a divorce lawyer. It is crucial to work with a lawyer who has the right experience for your specific circumstances. Real estate lawyers deal with property, but their focus is specifically on real estate contracts or property ownership disputes between parties. For disputes over property division in a divorce, you need a family lawyer with extensive experience in divorce cases.

What Property Is Exempt from Division in California Divorce?

The only property that is exempt from division in California is separate property, which refers to property acquired by an individual either before they married their spouse or after the couple becomes separated. This can include real estate, motor vehicles, household items, financial accounts, and other assets. A Fontana divorce lawyer can help you determine whether your property is exempt from division.

Is Divorce in California Always a 50/50 Split?

No, divorce in California is not always a 50/50 split. The community property system means that an even split in value is the default, but there are many possible exceptions. These include prenuptial and postnuptial agreements, as well as the existence of separate property. Also, an even split does not necessarily mean that each item is split evenly, but rather that the total value of the marital estate is split evenly.

Honest, Results-Driven Divorce Lawyer in Fontana, CA

The experienced and compassionate legal team at Edgar & Dow Family Law has been representing Southern California clients in divorce and other family law matters since 2004. Our divorce attorneys are committed to finding individual solutions for disputes involving marital property division and other elements of divorce. Whether it means negotiating with opposing counsel, mediation, or arguing your case before a judge, we have you covered. Contact us today.