Menifee Property Division Lawyer

Menifee Property Division Attorney

When couples divorce, it is a stressful time for everyone, and when it comes time to discuss the division of property, it can cause even more problems. Families that turn to a property division lawyer to help discover and divide assets have an easier time with the process. An experienced Menifee property division lawyer is an ideal resource when disputes or questions arise regarding assets in a divorce.

Edgar & Dow Family Law understands the intricacies of family law while being sensitive to the unique circumstances and needs of families going through divorce. With over a decade of family law experience, our qualified and knowledgeable legal team stands beside our clients throughout their cases, making every effort to pursue the avenue that ends in an amicable settlement but does not get drawn out in a lengthy court battle.

Why Our Clients Choose Edgar & Dow Family Law

Our award-winning family law firm provides a tailored approach towards every case, bolstered by honesty and integrity. We believe in low-stress, low-risk cases that are as straightforward as possible. Our staff is results-driven, and our priorities lie in getting the results our clients deserve. We hold a perfect 10.0 Avvo rating, were named “Top Lawyer” by Inland Empire Magazine, and hold multiple other prestigious accolades, as well. We are the Menifee property division lawyers that you can count on.

Understanding California’s Community Property Law

California is a community property state when it comes to property division in divorce cases. This means that what you own together in your marriage cannot be claimed by one party or the other and must be accounted for and divided appropriately according to California state law and the reigning judge over the case. It also means that until you have a court order, all property from the marriage belongs to both parties, regardless of who has possession of the assets. Community property includes:

• Assets earned during the marriage. (e.g., wages, returns on investments, pensions, retirement plans, etc.)
• Items, property, and investments bought with money made during the marriage. (e.g., vacation homes, cars, jewelry, stocks, etc.)
• Any debt taken on during the marriage. (e.g., home mortgages, car loans, credit card loans, etc.)

Property that is not community property is considered separate property. Separate property is not included in property division because it does not belong to both parties. This includes assets that were obtained prior to the marriage, after separation, or were inherited or gifted to one party. Ownership of separate property remains with its original owner unless it was given to the spouse.

A couple’s wedding date would be the determining factor for listing assets as community versus separate. Anything the parties obtained before the date of their marriage would be separate property. Anything obtained after the marriage date would be considered community property. However, if a couple separates, any assets or debts incurred after separation are considered separate property.

Sometimes parties do not agree on a date of separation, and it can be difficult to prove, but an experienced property division lawyer in Menifee can help prove this date by citing events such as the date one party moved out, the date the couple mutually decided to file for divorce, and thereafter exhibited consistent behavior that indicated the marriage was over, or one party had made their wishes for a divorce known and clear.

Community property, and separate property as well, for that matter, do not include just assets. Debts are also subject to determination according to when they were realized by one party or by both parties together. Debts incurred within the marriage are also divided in a court order according to the law and the court’s discretion.

Of course, there are more complicated exceptions to the laws. For instance, when separate and community property get mixed, it is called commingling. This is when property division can get very confusing, and heated disputes can arise. Enlisting the help of a property division attorney who has a high success rate of satisfied clients is crucial in obtaining an optimal outcome for cases in which property division is the primary issue.

FAQs About Menifee, CA Property Division Laws

How Is Property Divided in a California Divorce?

California is a 50/50 state, otherwise known as a community property state. This means that all assets and debts incurred within the timeframe of marriage are considered equally owned or owed by both parties. There are some exceptions, and a property division lawyer is an ideal resource for helping determine community and separate assets and debts amid a divorce.

What Are Property Lawyers Called?

Property lawyers can refer to a number of legal practice areas. When questions arise regarding the ownership of marital assets and the division of property, lawyers practicing family law are equipped to handle such disputes, as this is a common issue in divorce cases. Other references to a property lawyer might include a real estate lawyer, an estate plan lawyer, or a closing attorney for property sale transactions.

What Assets Cannot Be Split in a Divorce in California?

In a California divorce, assets deemed to be separate property, which means they were obtained or earned prior to the marriage or following the separation of the couple, cannot be split. Additionally, assets that were inherited or gifted are excluded from community property. Debts can also be split, with some exceptions. Student loans are the sole responsibility of the borrower in most cases.

How Long Do You Have to Be Married to Get Half of Everything in California?

The length of marriage in California does not have any effect on the division of property in a divorce. The determination of property division is based on the time frame during which the assets were obtained. Separate property and community property are defined in exactly the same way for marriages that last one year as they are for marriages that last 20 years.

Get Property Division Answers From a Menifee Property Division Lawyer

If you are in the middle of a divorce and have questions about the division of property, whether assets or debts, between you and your spouse, you will achieve a better outcome with proper legal counsel on your side. Edgar & Dow Family Law wants to be your Menifee property division lawyers. Visit us online and get the legal assistance you deserve.