Orange County Property Division Lawyer

Orange County Property Division Attorney

When spouses separate, they must come to a legal arrangement about how to divide any property and debts they acquired over the course of the marriage. This is often one of the most contentious parts of divorce and where tensions become high. If you’re facing a divorce, an Orange County property division lawyer can help you make sure your arrangements meet legal criteria and that your rights are protected.

The legal team at Cianci Law, PC, focuses on family law, including property division in divorce. Our experienced firm is dedicated to resolving disputes for each client based on their needs and individual circumstances. Whether it means mediation, negotiating with your spouse’s counsel, or going to trial, your legal team can fiercely represent you and your interests to protect your family throughout the process of divorce.

Property Division in California

Just like marriage is a legal arrangement in California, so is divorce, which is called dissolution of marriage in California. There are laws in place to make sure each spouse is treated fairly, and a judge has to approve the property division. Ideally, spouses will come to an agreement, but when that is not feasible, a judge will make the final decisions about how property and assets are split between spouses.

Ownership of Property

California recognizes two kinds of property ownership: community property and separate property. In general, after separation, each spouse splits the community property 50/50 and keeps their own separate property. In some cases, spouses may agree to a different division, but judges usually use these guidelines.

Community property refers to the assets and debts that the couple took on while they were married. It does not matter who actually purchased the property. With few exceptions, everything obtained during the marriage counts as community property and is owned equally by both partners. When a couple separates, community property is still legally owned by both people until formally divided by court order.

The other kind of property is separate property, which refers to assets owned and debts owed by each person in the marriage as an individual from before the marriage or after the separation. The date of separation is considered the day one spouse informed the other with words or actions that they wanted to end the marriage and then consistently behaved accordingly. Individual inheritance or gifts are also separate property, even if they were received during the marriage.

Complications of Property Division

While the distinction of who owns what may seem straightforward, it can get complicated. Community property is generally considered any money a person earned, property a person bought, and debt a person took on during the marriage. This includes accounts and other assets that are only in one person’s name, such as pensions or retirement accounts, which can be especially tricky to split evenly.

But there are exceptions. For example, student loans are often considered separate property. In some cases, if community property money–money earned during the marriage–was used to pay the loan payments, the other spouse may be entitled to reimbursement for their portion of the money spent on the student debt.

In addition, sometimes property qualifies as both community property and separate property. For example, if one person purchased the house before the couple was married but then made mortgage payments from what they earned during the marriage, the money paid before the marriage is considered separate, while the money paid during the marriage is community.

Experience With Property Division Is Key

It is common in California for spouses to have separate property, community property, and some assets and debts that overlap. Working with a skilled Orange County family lawyer can be essential to a fair outcome in your divorce settlement. In addition, some cases have extra complications that need to be handled carefully, such as:

• Spouses do not agree on how to divide assets and debts.
• There is a dispute about what is community property and what is separate property.
• One spouse has a lot of debt.
• One or both spouses own a business.
• There is a prenuptial or postnuptial agreement.
• One spouse made large purchases or investments without the other’s knowledge.
• One or both spouses have retirement plans, pensions, or student loans.

FAQs

Q: What Is a Lawyer That Deals With Property Called?

A: There are two kinds of lawyers that frequently deal with property. One is a real estate lawyer who primarily deals with the buying and selling of real estate or property disputes. The other is a family law lawyer who deals with disputes about property in a divorce. It is essential to work with a lawyer who has experience in the specific area you need for your situation.

Q: What Is the Property Division Law in California for Divorce?

A: The property division law in California for divorce is the community property system. Community property is shared property and assets acquired during the marriage, and each spouse is entitled to half of the community property when they separate. This includes motor vehicles, homes, furniture, and financial assets like bank accounts and retirement plans.

Q: What Assets Cannot Be Split in a Divorce in California?

A: Assets that cannot be split in a divorce in Orange County, California, are called separate property. Separate property includes all property and assets that each spouse owned personally before the marriage or after the date of separation. It also includes gifts and inherited property or assets. Sometimes, there are other assets that cannot be split in a divorce, such as when there is a prenuptial agreement in place.

Q: Does Divorce in California Always Mean a 50/50 Split?

A: Divorce in California does not always mean a 50/50 split. Community property, which is property the couple obtained during the marriage, is usually split equally between spouses. However, if there is a legal contract, like a prenuptial agreement, or debt one spouse did not know about, property may be divided differently.

Contact Orange County’s Trusted Property Division Lawyers Today

Creative Family Solutions, Cianci Law, PC, has represented thousands of families in California since 2006. To learn more about your legal options, contact Cianci Law, PC today and schedule your initial consultation.

Related posts:

• Property Division in Divorce: Laws Stronger in California
• How Are Unique Assets Valued During Property Division?
• How Is Quasi-Community Property Handled in Property Division?