San Diego Marital Property Division Lawyer
|A large part of the divorce process is the division of property. What makes this part of the divorce difficult is:
At The Law Office of Dawn Dell’Acqua, APC, our San Diego marital property division lawyer 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 by inheritance or 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. This can happen when a spouse changes the title on a home previously owned by one spouse into joint title. There are legal consequences to this type of action, 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. A San Diego marital property division lawyer 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, RV’s and boats
- Bank, Credit Union 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
When there are a large number of valuable assets, the divorce process 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
- Stock options
Contact a San Diego Marital Property Division Lawyer
Secure a skilled and experienced San Diego marital property division lawyer to create a solid foundation for your future. Make the right choice today for a better life after your divorce. Call 619-325-4726, or contact us online to set up your initial consultation. More about marital property division lawyers in our Google+ page.