Property Division

Over the course of your marriage, you and your spouse probably acquired many belongings, each a brick in the life you were building together. However, as time went on, perhaps the foundations of that life began to crumble, and divorce became the only viable option to gain peace. We know how incredibly heartbreaking this is, especially since divorce is never clean-cut. Amid all the pain, you must also worry about navigating the Marion County family court system and going through the complex divorce proceedings. Among those is property division. It can be frightening to think about losing many of the possessions that you worked hard to attain, and only adds to an already stressful situation. Property division in California is complex, and often the source of many long and heated arguments. Our Marion County family law attorneys want to help ease your burden by clearing the murky waters surrounding property division and compassionately guiding you through the process. Through their years of experience, they have calmed some of the most tumultuous quarrels and helped numerous people reach conclusions that allow them to regain their quality of life. If you are going through a divorce or are considering filing for a divorce, legal separation, or annulment, give us a call for a free legal consultation where we can begin strategizing your own property division.

 

There are many questions and misconceptions surrounding property division in California, and we hope to clear some of those up to you to make the intricate process as simple as possible. First, the word “property” encompasses several different things, such as those that have are physical and can be bought or sold – houses, vehicles, land, clothes, décor and furniture, etc. It also includes any assets that hold monetary value – credit cards, pensions or retirement funds, bank accounts, businesses, insurance policies, money, etc. Any property that you can prove you attained before you got married is yours alone. However, since California is a community property state, all goods that you attained during the marriage is labeled as “community” possessions, or property that belongs to both you and your spouse. Even if you bought and paid for something with your own money, if you bought it during the marriage then it is considered community property. However, this does not mean that your spouse will automatically take partial ownership of it after the divorce. Rather, each asset must be negotiated between the two of you so you can decide the best way to split up the property. Many believe that the result is a 50/50 division. However, while Marion County attempts to get as close to this situation as possible, it is not conceivable since you cannot simply cut your car in half or build a fence through half of your property. Rather, you must place your possessions on a hierarchy and decide which you value the most and wish to fight for, and which you wish to relinquish in exchange for others. Note that marital property also includes any debts or payments you and your spouse owed during the marriage, and our innovative lawyers have used these as bargaining tools in the past to help you fight for your assets. Ideally, property division can be deliberated in a relatively peaceful environment, where you and your spouse discuss and decide between yourselves. In this case, your property division attorney can either assist you with mediating those negotiation sessions, or specifically represent you during any litigation. As a mediator, we will be an objective third-party who facilitates the debates. As your personal property division attorney, however, we will act as your specific legal guide and advisor.

 

However, not all cases can be determined peaceably, and some must be presented before the judge when the couple cannot come to a conclusion on their own. If this happens, then we will carefully craft your case to help you persuade the judge to your side. Whatever your situation may be, the process is always highly intricate. We understand that this can induce massive amounts of stress, since you worked hard to gain every belonging you have and place funds away for your retirement. Our family law attorneys have operated extensively within Marion County courts specifically and know the exact process that has worked successfully for many couples in the past. When you call for your free consultation, we will match you with an understanding property division lawyer who will begin strategizing with you. They will inform you of any unforeseen consequences your decisions may have, remind you of your rights, and help you fight vigorously for your hard-earned possessions. They will also explain the confusing laws surrounding community, separate, and transmuted property, and help you classify each of your belongings into those groups. It is essential that you hold off on signing any agreements before a highly experienced lawyer has looked them over for errors or warned you about possible repercussions. We want to give you your best shot at a fulfilling life, so please call us for a free consultation.