California is an equitable distribution state. That means marital property must be divided fairly, but not necessarily equally. However, as a community property state, California generally requires couples to divide all marital assets and debts 50/50, unless they reach a different agreement.
Dividing assets can be complex, especially when dealing with high-value properties, investments, businesses, or commingled assets. Our Los Angeles property division law firm ensures that all property is properly categorized, valued, and divided to protect your long-term financial interests.
Understanding the difference between community property and separate property is essential when dividing assets in a divorce.
Community property includes assets and debts acquired during the marriage. Both spouses have equal ownership of these assets, regardless of who earned the income or whose name is on the title. Examples of community property:
Separate property belongs to one spouse alone and is not subject to division in a divorce. Examples of separate property:
Sometimes, assets become commingled, meaning separate and community property are mixed. For example, if one spouse used pre-marriage savings for a down payment on a marital home, part of the home’s value may be separate property. Our Los Angeles equitable distribution lawyers help trace these funds to ensure a fair division.
When divorcing spouses agree on property division, they can submit a settlement agreement to the court for approval. If they disagree, the court will decide based on California’s community property laws.
While community property is typically split equally, the court may consider:
Our dividing assets lawyers work to ensure all property is properly accounted for and valued, preventing an unfair distribution.
(424) 600-2731Dividing property becomes more challenging when high-value or unique assets are involved. Our firm has experience handling:
If one or both spouses own a business, we work with financial experts to determine:
Pensions, 401(k)s, IRAs, and stock options must be carefully divided, often using a Qualified Domestic Relations Order (QDRO) to ensure compliance with tax laws.
Copyrights, patents, royalties, and estate settlements require special consideration to ensure fair asset distribution while protecting future earnings.
Homes, vacation properties, and rental units are often among the most valuable assets in a divorce. Options for division include:
Our Los Angeles property settlement lawyers guide clients through these options to secure the best possible outcome.
Marital debt is also subject to division. Common debts include:
Even if a debt is in one spouse’s name, it may still be considered community debt if it was incurred during the marriage. Our attorneys ensure debt is fairly allocated and protected from improper financial burdens.
Yes. The way assets and debts are divided can impact spousal support (alimony) payments. For example:
Since property settlements can influence financial stability, our Los Angeles equitable distribution lawyers work to balance asset division and spousal support to protect our clients’ long-term financial well-being.
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Dividing marital property can be one of the most complicated aspects of divorce. Our experienced Los Angeles property division attorneys help by:
It depends. If the home was acquired during the marriage, it is community property and must be divided. One spouse may be able to buy out the other’s share or trade other assets in exchange for the home.
Hiding assets is illegal. If you suspect your spouse is not disclosing all assets, our dividing marital property lawyers can use forensic accounting to uncover hidden accounts, business interests, or investments.
Yes. Spouses can negotiate a property settlement and submit it for court approval. If you and your spouse cannot agree, a judge will decide for you.
Yes, if the prenup is valid and properly executed. Prenuptial agreements can define separate property, determine asset distribution, and override community property laws.
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