California Asset Distribution Lawyer
A large part of a divorce is the division of property. What makes this part of the divorce difficult is:
- The large number of individual decisions that may need to be made.
- Disagreement on the disposition of an item or asset.
- Disagreement on the value of an item or asset.
At The Law Office of Dawn Dell'Acqua APC, our San Diego marital property division attorney can help you identify your goals for the division of property and work to achieve those goals.
Community Property and Separate Property
The simple rule in property division is that community property is divided equally and separate property remains with the individual who owns that property. Community property is that which is gained during the marriage. Separate property is anything acquired before the marriage, after separation or that was gained as inheritance or by gift during the marriage.
One difficult legal challenge is that separate property can become community property through parties and their actions. Many people inadvertently turn their separate property into community property during the marriage, such as changing the title on a home previously owned by one spouse into joint title. There are legal consequences to these type of actions, and in some instances, meticulous tracing of funds to a separate property source is required.
The characterization of all of the property as community or separate is not necessarily the end of the discussion regarding who will get what. We can help you look at what assets are to be divided and negotiate to try and secure the property that means the most to you in your property settlement.
The following assets are common components of a property division:
- The house
- Cars, motorcycles and boats
- Bank and investment accounts
- Furniture, furnishings and appliances
- 401(K)s, IRAs and pensions
Another element of a divorce that many people do not consider is the division of debt. Debt needs to be divided just like the assets.
High Asset Divorce From a Certified Family Law Specialist
Divorce, when there are a large number of valuable assets, can carry additional complications. The determination of separate versus community property may require a greater degree of experience and skill. Assets such as the following can be part of a high asset divorce:
- Vacation homes
- Investment properties
- Rental properties
- Businesses
- Stock options
Contact Us
Securing skilled and experienced help with your property division can help create a solid foundation for your future. Make the right choice today for a better life after your divorce. Call 619-894-8269, toll free 1-888-344-0381, or contact us online to set up your initial consultation. We accept Visa, MasterCard and American Express.
