Property Division Attorney in Rancho Cucamonga

Property Division Lawyer Serving The Inland Empire

California uses different property division rules than you would find in most states. Although there is an equal mathematical formula, things are not as uncomplicated as you may think. The Law Office of Taylor B. Warner has helped numerous clients through their property division issues since we have been in practice.

California relies on the laws of community property. Anything that is considered part of the community is subject to an equal division between the spouses, whether it is debt or assets. Nonetheless, you may experience difficulties in determining the extent of the community property.

Call the Law Office of Taylor B. Warner to discuss your own divorce-related legal issues. When a property is involved, you need to make this call early to protect your own interests. Call us today at (909) 466-5575 to schedule an initial consultation or fill out a contact form so we can discuss your specific family law needs.

The Law Office of Taylor B. Warner, APLC is located at 10535 Foothill Blvd, Suite 235 Rancho Cucamonga, California 91730 (open in Google Maps). Our office is located on the South East corner of Foothill & Haven just one block away from the Rancho Cucamonga Superior Court and we handle cases throughout San Bernardino & Riverside Counties.

Dividing Property in a California Divorce

Division of property is often one of the most contentious issues in divorce, and for good reason. Each spouse may have invested a substantial amount of time and effort in acquiring the property, and they may each be looking to their own future. In California, there is a strict principle that is used to determine who gets what property. However, there are some potential ambiguities that could cloud what would otherwise be a certain and predictable result.

California is what is known as a community property state. Any property that is acquired during the course of your marriage is subject to an equal split between you and your ex-spouse. The default will be a 50-50 division. You will not see any talk of equitable factors that are used in property division elsewhere. Without any other agreement between you and your spouse, you can expect this rule to strictly apply. In one way, predictability can help. In other ways, the rules cause uncertainty of their own.

What Is Community Property in California?

Anything that is acquired during the marriage is considered to be a part of the community.

Here is what may be considered community property:

• Bank accounts
• Investment accounts
• Retirement accounts
• The marital home
• Pensions

The same rule applies to debts. If a spouse took out debt during the course of the marriage, both spouses would equally divide that obligation after the marriage. It is possible to be responsible for debts that you may not have taken out personally.

Community property covers what was earned during the marriage, or property that was bought with money earned during that time. If one spouse received an inheritance, it would not be considered “earned,” and thus, not part of the community property.

Separate Property in a California Divorce

While the community property rules in California seem straightforward, there are times when there may be disputes. One of the most difficult issues is when there is separate property. The following are excluded from the community:

• Property that a spouse held before the marriage
• Property that a spouse acquired after the date of separation

Both the separate property itself and your earnings from the separate property, are not part of the community.

Potentially Complicating Factors in Property Division

As simple as these rules may seem in theory, they can be difficult in practice. For example, the separate property may have become mixed with community property at some point. Then, there may be difficulties determining what was separate and what was part of the community. Commingling assets does not necessarily change the character of separate property. It just makes it much more difficult to determine which assets are what. In that event, you may need to hire a forensic accountant to give their own opinion of which assets may be divisible and which ones are yours.

There may be unique issues involved in your case that can include:

• A heavy debt load between the two spouses
• One or both spouses holding a large amount of separate property
• The application of a pre or postnuptial agreement
• Disputes over debts that were taken out right around the time that the marriage is ending
• The actual date that you and your spouse separated (because that is what cuts off the community)

You should never assume any outcome when it comes to property division. You should consult with a property division attorney ahead of time, so you can be confident in your position in advance of divorce negotiations or litigation.

Contact a Property Division Attorney Today

Reach out to the Law Office of Taylor B. Warner today to get a start on the divorce process. Call a property division lawyer at 909-466-5575 to learn about what unique considerations may affect your divorce case. This call is one that you need to make today if you are considering a divorce.