Norco Property Division Lawyer

Property Division Attorney In Norco

Divorce can be a complex, tedious, and emotional process for all parties involved. This is because several decisions must be made after the couple decides to divorce, including how property will be divided. If you are planning to divorce, but you and your partner have disagreements regarding property, it may be time to consult with a skilled Norco property division lawyer.

Divorce in California

California has a relatively low divorce rate compared to other states, with a rate of 5.9 per 1,000 people in 2022 compared to the national average, which was 7.1. It is a no-fault divorce state, meaning that any partner can file for divorce without having to prove fault. One stipulation is that there is a 6-month waiting period before a divorce can be finalized, and provisions must be made for child custody and support, spousal support, and property division.

When child custody or support issues arise alongside property disputes, working with a Norco family law attorney ensures all legal matters are handled with consistency.

Overview of Property Division Laws in California

California is one of the nation’s nine community property states, which determines how property is divided among married couples upon divorce. Specifically, California’s property division laws are pursuant to Family Code 2550, which states that property is to be divided equally among both parties in a divorce rather than fairly, as in other states. Property includes anything of value owned, such as assets, real property, and personal property, and it also includes any debts owed.

Another component of California’s property division laws is that the judge makes the final decision regarding how property will be divided. This is true even if you and your spouse have come to an agreement on your own.

Community Property vs. Separate Property

To truly understand California’s property laws, you must know the difference between community property and separate property. While community property is divided amongst the spouses upon divorce, separate property is not. A breakdown of what is considered community property versus what is separate property is as follows:

• Community property. Community property, in general, is the property that you will split with your spouse. This is a property you and your spouse owned, bought, or owed during the marriage from the date you got married until the date of separation, which could even be when you verbally decided to end the marriage. Examples include mortgages, cars, jewelry, pension plans, retirement accounts, bank accounts, etc.
• Separate property. Separate property is anything owned, purchased, or owed before the marriage or after separation. It also includes things purchased with separate property or even gifts inherited, even if they were given during the marriage. Examples include property purchased before the marriage, valuables purchased with gifted funds, trusts funded with separate property, and debts accrued before or after the marriage, etc.

To better understand how assets like child support and custody arrangements may impact your situation, consulting a Norco child custody lawyer can offer further insight.

Sometimes, community and separate property are mixed, which is considered commingling in legal terms. For example, if you own a bank account before entering a marriage, but it is funded jointly while in the marriage, it is considered part community and part separate property. Another example may include a retirement account from a job you earned prior to the marriage, but to which you contribute throughout the marriage.

How an Attorney Can Help

In general, a judge will order that the couple keep their respective separate property and split their community property equally. However, you or your spouse may disagree with this plan or have other issues regarding how to split property. This is when you may want to consult with a Norco lawyer to help you iron out your issues and reach an agreement. Other cases where you may need a lawyer to help with property division include:

• You cannot reach an agreement regarding major finances, such as with a house or a joint business.
• One of the parties accrued a significant amount of debt, which caused financial strife for both parties.
• One party or another made irresponsible or covert financial choices, such as gambling or providing gifts to someone outside the marriage, without the other party’s knowledge.

In some cases, especially when there are questions about what each spouse is entitled to, it may help to review similar situations like what a wife is entitled to in a divorce in California.

These are just some of the scenarios in which a lawyer may be required to help you and your former spouse reach an agreement so that you can move forward with your divorce proceedings.

FAQs

What Is the Property Division Law in California?

In California, the property division law states that community property must be divided equally between both spouses upon divorce. This means that couples must split property owned, purchased, and debts owed 50/50 instead of as in other states. Moreover, some properties may be commingled, meaning they are part separate and part community property, and a lawyer may be helpful in determining how to divide this property.

What Are Property Lawyers Called?

Property lawyers are generally divorce lawyers. Property division is one aspect of divorce, along with child custody and visitation, child support, and spousal support. Lawyers who help with property division during a divorce are typically those with the experience and education necessary to serve as divorce lawyers. However, some lawyers are more skilled in handling property division than others.

What Assets Cannot Be Split in a Divorce in California?

All assets may be split in a divorce in California, though some assets are mandated to be split, and those are assets that are a part of community property. Generally, a judge will order community property to be divided equally while the separate property remains with the party who owned the property prior to the marriage and after the separation. However, some couples may also choose to split separate property for various reasons.

How Long Do You Have to Be Married to Get Half of Everything in California?

There is no specified period for how long you must be married in California to receive half of the property earned, owned, or owed within the marriage. California is governed by community property laws, which simply state that community property should be split equally regardless of how long the couple has been married.

Contact Our Norco Property Division Lawyer Team Today

No couple plans to divorce when they get married, and even though California boasts a relatively low divorce rate, issues can still arise in the divorce process. Even if you and your partner cannot come to an agreement regarding property division, or if you have questions regarding the laws, do not hesitate to contact Law Offices of Michelanne Hrubic to schedule a consultation.

Norco Property Division Resources

• Can I Force the Sale of My House in a Divorce in California?