How Is Property Divided During a Divorce?
Family Law Experts and Divorce Attorneys in San Diego
When you begin the process of a divorce, you will be given the opportunity to decide how your property, assets, etc. will be divided between you and your spouse. However, if you and your spouse experience a major disagreement or you find yourself involved in a case of complex property division, you may require the help of experienced divorce attorneys and family law experts to negotiate a fair division of your property. If negotiations with your spouse fail, the court will be the ultimate decision-maker and will divide your property for you.
Before a divorce is complete, you will have to complete a Schedule of Assets and Debts form, which will require you to declare all of your debts, assets, personal possessions, jointly owned possessions, and assign a fair value to all of them. If you and your spouse disagree on the value of community property or whether or not something is a personal or jointly owned possession, you will have to settle or go to trial if your disagreement cannot be resolved.
How Do California Courts Divide Property During a Divorce?
If the decision falls to a California court, there are three major steps:
- Determining the status of the property or debt (separate or marital)
- Valuing marital property
- Divvying it up as fairly as possible
When property is divided, not everything is split down the middle and assigned in halves to both spouses. For example, a judge may decide that the marital residence is of equal or near-equal value to several of the couple’s accounts, combined, and divvy them up that way.
In California it is presumed, for the most part, that everything accumulated and acquired during marriage is community property. Making the distinction between community and separate or personal property can be a messy, challenging process, and doing so can become a long, protracted fight.
What If My Spouse and I Disagree on Property Division?
If you are in the process of obtaining a divorce, are experiencing a disagreement with your spouse about the value, nature, or ownership of property that must be divided, call our San Diego divorce attorneys at the Law & Mediation Firm of Klueck & Hoppes, APC. Our team is ready and willing to get to work on your behalf immediately.
Call us at (619) 577-4900 or schedule your complimentary consultation today.