When considering divorce and ending your marriage, you need to prepare and plan ahead to protect your rights. Once you have determined to file for divorce in California, there are many details that you need to know to protect your assets, your properties, and your finances.
With more than a decade of experience in divorce law, the Goldberg Legal Group is the right choice for your divorce in Southern California. Our law firm, situated in the heart of Orange County. We have helped numerous satisfied clients navigate the intricacies of separate and community property. Our caring and skilled attorney devote their time to helping our clients and their families to reaching agreeable resolutions of their legal matters.
If you or a loved one is seeking a divorce lawyer in Orange County and has questions regarding separate property rights, then call the Goldberg Legal Group. The attorneys of the Goldberg Legal Group will work to provide you with a better understanding of your property’s classification in California and will help you throughout the divorce process to make sure that you protect your share of separate property.
How can a divorce attorney help me to protect my separate property in my California divorce?
The property and debts aspect of divorce is often complicated, and the cost of making a mistake can be very high. The best choice is to consult an attorney before you file your papers, especially if you own assets of considerable value.
One must know that California is one of the nine states in the U.S. that recognizes community property law
, which means that both spouses are equal co-owners of any property acquired during the marriage. This is a broad category that includes:
- All income received by either spouse during marriage (interest income, salary, stock dividends, rental income, etc.)
- All real estate and personal property acquired throughout the marriage
- All debts incurred during the marriage
However, if both spouses are treated as equals when it comes to properties acquired during the marriage, who-gets-what during a legal separation may hinge on a multitude of factors, including:
- When the property was acquired
- How the title is held
- Which income was used or what proceeds were used to buy it
- Whether some sort of written agreement exists regarding the property
- Existing Prenuptial Agreements
Depending on various factors, the property may or may not be considered separate property
. In contrast to community property, separate property belongs only to one spouse. The most common forms of separate property in California
- Property one spouse owned before being married
- Gifts received by one spouse before marriage, during the marriage, or after separation.
- Property acquired by one spouse using separate property assets with the intention of and keeping it separate during the marriage.
- Property that came as a gift or inheritance during the marriage.
Divorce attorney for separate property in Orange County and Irvine, California
If your spouse is challenging your claim to separately owned property in Orange County or Irvine, the Goldberg Legal Group is here to help you. We address separate property appreciation, commingling of separate property and many other property division issues in Southern California. With more than a decade of experience in determining the value of a given asset and in dividing marital assets, our skilled attorneys will work with you, providing you the peace of mind you deserve in these complicated times. The first consultation is complimentary, so contact us now and help us get started on your case!
Do not waste any time and call us now for a free consultation!
The Goldberg Legal Group
7545 Irvine Center Drive Suite 200
Irvine, CA 92618