Property Division in California Divorces
When going through a divorce, one of the most challenging aspects is dividing the property and debts accumulated during the marriage. In California, this process is governed by specific laws designed to ensure an equal division between the spouses. However, what at first glance looks like a straightforward process becomes very complicated when you get into the details. For help with property division and related issues in your divorce in Los Angeles or the San Gabriel Valley, contact Blasser Law to speak with a knowledgeable and experienced Claremont property division lawyer.
The first and most important aspect of property division in California to understand is the distinction between community property and separate property.
Community Property
California is a community property state, which means that any property acquired or debt incurred during the marriage is generally considered community property. Community property belongs equally to both spouses, regardless of who earned the income or whose name is on the title. This includes, for example:
- Real estate
- Bank accounts
- Vehicles
- Household items
- Retirement accounts and pensions
In a divorce, community property is typically divided 50/50 between the spouses. However, it’s important to note that while California law mandates an equal division, questions surrounding how to value real estate or businesses owned by spouses, or how to divide an indivisible asset such as a house, can raise significant legal questions.
Separate Property
Separate property, on the other hand, refers to assets or debts that belong solely to one spouse. This includes:
- Property acquired before the marriage
- Inheritance or gifts received by one spouse during the marriage
- Personal injury awards meant to compensate for an individual spouse’s suffering
- Debts incurred before the marriage or after separation
While separate property is not subject to division in a divorce, it’s essential to provide clear documentation to prove that an asset or debt is indeed separate. For example, if one spouse owned a home before the marriage, they would need to show that the property was kept separate from marital funds.
Quasi-Community Property
In California, property acquired by either spouse while living in another state will often be considered quasi-community property. If this property would have been considered community property under California law, it will be treated as such during the divorce, even if acquired elsewhere.
Dividing Debts in a California Divorce
Just as property is divided, debts incurred during the marriage are also considered community debts and are generally split equally between the spouses. Community debts may include, among others:
- Credit card debt
- Car loans
- Mortgage debt
- Medical bills
Debts that one spouse incurred before the marriage or after the date of separation are typically considered separate debts. However, if a spouse can demonstrate that a community debt primarily benefited the other spouse, the court may assign more of that debt to the benefiting spouse.
The Role of the Date of Separation
The date of separation is critical in determining which assets and debts are community property versus separate property. In California, the date of separation is the point when one or both spouses decide the marriage is over, and they live apart in a way that indicates the end of the relationship. This date is essential because property or debts acquired after the date of separation are generally considered separate property. Additionally, income earned after the separation is not considered part of the community estate.
Clearly defining and proving the date of separation can help ensure that only the appropriate assets and debts are included in the division process.
Property Division Agreements
In many cases, spouses are able to reach an agreement on how to divide their property and debts outside of court. This can be done through mediation, collaborative divorce, or direct negotiation between spouses and their attorneys. Once an agreement is reached, it can be submitted to the court for approval.
If spouses cannot agree, the court will step in to divide the property according to California’s community property laws. It’s always advisable to have legal counsel to protect your rights and ensure that any agreement is fair.
High-Value Assets and Complex Property Division
Some divorces involve more complicated property division, especially when high-value assets are at stake. Examples of complex property include:
- Business ownership interests
- Stock options
- Investment portfolios
- Intellectual property
- Vacation homes
In these situations, it is critical to work with a qualified family law attorney to ensure accurate valuation and characterization. An experienced attorney can also help with tracing separate property or proving that certain assets were kept apart from the marital estate.
Contact Blasser Law in Claremont for Help With Property Division in a California Divorce
Understanding how property and debts are divided in a California divorce is essential for protecting your interests and ensuring a fair outcome. At Blasser Law, our experienced family law attorneys are dedicated to guiding clients in Los Angeles and the San Gabriel Valley through this challenging process. Whether through negotiation, mediation, or litigation, we are here to help you achieve the best possible resolution in your divorce.
If you have questions about property division or other aspects of your divorce, contact Blasser Law today at 877-927-2181 to schedule a consultation.
