San Bernardino Property Division Lawyer

San Bernardino Property Division Attorney

Property division during a divorce is not always simple, but the underlying laws governing that process are straightforward. During a divorce, the courts will want to see that everything you co-owned with your spouse (including debts) is fairly and equitably divided. To help you navigate that process, you can rely on the services of an experienced San Bernardino property division lawyer.

At Law Offices of Michelanne Hrubic, we understand that your home and other prized assets are important to you. We can take steps to make sure that you do not part with more assets than you are legally obligated to. If your spouse is hiding assets, we can look into those concerns to make sure that you receive what is fair and lawfully yours.

Why Choose Law Offices of Michelanne Hrubic

Going through a divorce can be a stressful and hectic moment in your life. Beyond matters of child custody/visitation and child support, you may also have worries about how your property will be divided. Finding the right law firm can make the difference between a favorable and unfavorable outcome to your case.

Our founding attorney places the interests of her clients above all else. Our law firm has a strong reputation for providing one-on-one attention to each case. We never take on more clients than we can dutifully serve, and we keep our clients updated about important details related to their cases. If you are looking for a law firm that takes protecting your rights seriously, you can count on Law Offices of Michelanne Hrubic’s experienced family lawyers to help you navigate the family court system.

Understanding Community Versus Separate Property

One of the most important steps during the property division process involves dividing all forms of property and debt into two categories: community and separate. Community property, sometimes referred to as marital property, refers to anything that was acquired during the marriage. A home that was bought and paid off during the marriage would be one example of community property. The courts view community property as belonging equally to both spouses.

Separate property refers to any property or debt that is owned outright by one spouse. Typically, separate property is anything that was acquired before the divorce, after the separation, through an inheritance, or as a gift. Separate property is not subject to division by the courts. The burden of proving that an asset or property is separate property typically falls on the person making that claim.

What Can a Property Division Lawyer Do for Me?

Having a property division attorney in San Bernardino can help you protect assets and property that should remain yours following a divorce. Married couples are required by state law to divide community property equally. However, this can be complicated in practice, as many assets cannot be divided in half.

The judge may consider what is fair when determining how certain assets are split. An attorney can make legal arguments that support your interests. Without legal representation, you may not have a significant say when it comes to the final terms of your property division following a divorce.

Beyond taking steps to ensure that the property division process is fair, your attorney can save you considerable time when it comes to calculating the total value of your community assets and debts. Both parties are required to fully disclose the value of their assets early in the divorce process. Any oversites, mistakes, or intentional mistruths in these disclosures could lead to severe penalties.

If you have personal property not subject to division by the courts, your lawyer can help you gather evidence proving those assets and properties are yours outright. An attorney can also take steps to compel your soon-to-be-ex-spouse to disclose their assets honestly.

FAQs

What Is the Property Division Statute in California?

California’s property division laws require the courts to oversee the equal division of community property when a couple goes through a divorce. In cases where both spouses agree to a division of assets, the courts will generally honor those agreements. California’s property division laws require parties to a divorce to divide their assets, debts, and property into community and separate property.

Is Separate Property Considered Marital Property in California?

Separate property is not considered marital or community property in California. Examples of separate property include an inheritance and anything that was gifted specifically to you. Separate property could also include things of value that you brought into the marriage. Separate property is not subject to division by the courts as part of the divorce process.

How Is Premarital Investment Property Treated in a Divorce in California?

Any investments or assets you owned before marriage are not community property. The burden of proving that investment property is separate property falls on the person making that claim. If you have valuable assets that you wish to protect from division during a divorce, you can hire an attorney to gather evidence that proves you own the investment property outright.

How Long Do You Have to Be Married in California to Get Community Property?

Any period of time is theoretically enough for a married couple to acquire community property. If a couple gets married and then purchases a home the next day, any equity built in that home would be considered community property and, as such, would be subject to division during a divorce. Married couples who were only married for a short period of time generally have lower levels of community property that is split during a divorce.

What Are Common Signs My Spouse Is Hiding Assets?

There could be many signs that your spouse is hiding assets. High-net-worth couples are more likely to have motivation to hide assets than couples who own smaller estates. If your spouse managed finances and did not provide access to online bank accounts and investments, your spouse may have an easier time concealing assets and properties during the divorce. Hiring an experienced family law attorney can help you prevent this.

Schedule Your Property Division Consultation Today

Dividing assets, property, and debt during a divorce does not have to be a burdensome process. With the help of an experienced property division lawyer, you can account for which portions of your estate are community and separate property and begin the process of dividing those assets in a timely manner.

For married couples who do not own large estates, property division can be straightforward. To schedule your property division consultation, contact Law Offices of Michelanne Hrubic today.