Temecula Property Division Lawyer

Temecula Property Division Attorney

The stress of a separation can be compounded by financial disputes. If you are going through a divorce or legal separation, it is important to consult a skilled Temecula property division lawyer to ensure your assets are protected and that you receive that to which you are entitled.

The dedicated team at The Law Offices of Michelanne Hrubic fiercely advocates for your financial interests at the negotiating table and in court. Through our deep understanding of California’s community property laws, we can offer insight into the most optimal division of assets for you and your family.

How Property Division Works In California

When a spouse or domestic partner files for divorce or legal separation in Temecula, a judge may need to approve a property division agreement before issuing a final divorce judgment. Both parties in a divorce or separation are required to submit a financial disclosure with a detailed account of their marital assets and debts.

Property division can be complex, especially if couples have been married for a long period of time or if it is a high net-worth marriage where one or both spouses earn a substantial income or hold valuable capital. Marital assets can include anything that was acquired during the marriage that is of value and can be sold. Such assets can consist of:

• Financial assets like checking, savings, investment, and retirement accounts
• Real estate, including the marital home and household items
• Personal property, such as vehicles, arts, or collectibles
• Business assets, including ownership interests, future earnings, and stocks

As a community property state, the default in California is that marital property is divided equally between both parties in most cases. Separate property, which encompasses any asset or debt that each party acquired before the marriage, is not required to be divided. An experienced property division attorney can help you understand how these laws will affect your case.

Mistakes to Avoid in a Property Division Case

Without proper knowledge and guidance, a party in a divorce can make costly mistakes that may result in a disproportionate property division agreement. To ensure that you receive what you are entitled to following a separation, avoid the following mistakes:

• Undervaluing your contributions to the marriage. If you are unable to properly document your financial and non-financial contributions during the marriage, you may not receive a fair share of marital property.
• Overlooking your post-divorce needs. It is also important to consider your post-divorce financial needs, especially if you have made sacrifices in your education or career to support your soon-to-be ex-spouse and raise your children.
• Failing to provide accurate financial disclosures. You may be at a disadvantage if you provide inaccurate financial information, whether by mistake or purposely. The court may not view this favourably.
• Not seeking proper legal counsel. Not having the guidance of a skilled property division lawyer may lead to missed opportunities that can be costly in the long run.

Role of a Temecula Property Division Lawyer

A knowledgeable Temecula property division lawyer can assist those going through a divorce and who are concerned about obtaining an equitable division of property. They can assist clients throughout the entire divorce process, providing comprehensive support at each stage, including:

• Filing or responding to a divorce petition. divorce Lawyer can help clients submit a detailed petition that outlines their financial needs and desired property division.
• Ensuring full financial disclosure. Lawyers can verify that both parties accurately report all marital assets.
• Negotiating on behalf of clients. Lawyers can engage with the opposing attorney to secure the fair amount of marital assets to which their client is entitled.
• Reviewing property division agreements. Lawyers can assess agreements to ensure they align with the client’s financial needs and legal rights.
• Advocating in court. Lawyers can present arguments before a judge, if necessary, to achieve a fair and equitable property division.

Even when spouses reach a property division agreement on their own, having an attorney review it can help ensure the agreement serves the client’s interests in the long run. Once the agreement is in place, it may be more difficult to adjust in the future.

FAQs

What Is the Property Division Law in California for Divorce?

In California, couples going through a divorce or legal separation are subject to the state community property laws. These laws require that marital property be divided equally among spouses in most cases. Marital property can include assets and debts that were acquired during the marriage. Commingled assets and quasi-community property may also be subject to property division.

When Does Separate Property Become Community Property in California?

Separate property becomes community property in California when one of the spouses uses their separate assets to contribute to a marital asset. Examples include using pre-marriage savings as part of a down payment for a house or making contributions to a spouse’s retirement account that contained premarital contributions. Courts will consider an asset community property if martial funds have become commingled with or intentionally changed to martial assets.

What Assets Cannot Be Split in a Divorce in California?

Separate property, which refers to any asset or debt acquired by a spouse before the marriage and has not been commingled during the marriage, cannot typically be split in a divorce in California. In accordance with California property laws, a party may retain sole ownership of their separate property.

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

In California, there is no minimum marriage length required for a spouse to claim half of the community property in a divorce. As long as an asset qualifies as marital property, a spouse can petition for an equitable share of it. However, the length of a marriage can impact spousal support, influencing the amount and duration a spouse may receive.

Contact Our Knowledgeable Temecula Property Division Lawyer

If you are going through a divorce in California, you should have the support of a knowledgeable property division lawyer. An attorney with years of practice successfully fighting for their client’s property division rights can work diligently to secure your financial future and protect your assets as you build your new life.

The team at Law Offices of Michelanne Hrubic recognizes the challenges of separation, including disputes over child custody and property division. We are committed to fiercely protecting your financial rights. Contact our office today to discuss your concerns about property division following a divorce or separation.