Navigating the complexities of property division during a divorce can be overwhelming. At The Goldberg Legal Group, an experienced Irvine property division lawyer can guide you through this challenging process. Property division is a complicated matter, especially for a couple without a prenuptial agreement.
An Irvine divorce lawyer from our firm has experience in representing individuals in property division during a divorce. They can fight for your rights through the dissolution of your marriage and help you through the process of property division. That way, you don’t accidentally make any detrimental mistakes during the divorce process.
Trusted Experience in Family Law and High-Asset Divorce
The Goldberg Legal Group has provided families with dedicated legal assistance for over 18 years. Our Irvine office has assisted clients and families throughout Orange County and Southern California. Our team possesses years of experience in family law and high-asset divorce cases. As a seasoned Irvine family lawyer, our lead attorney, David Goldberg, is committed to helping families of all backgrounds navigate the intricacies of separation and divorce.
Our firm’s experience encompasses a wide range of California divorce and family law cases, from straightforward, uncontested divorces to complex cases involving significant assets. Our meticulous attention to detail ensures that all aspects of your case can be handled with the utmost care, facilitating proper closure and fair outcomes.
This dedication has earned The Goldberg Legal Group a well-deserved reputation for personal integrity and diligence. Our firm takes pride in being financially and physically accessible to our clients, leading to many satisfied reviews.
Understanding Property Division in California Divorces
California is a ‘community property state,’ where all property acquired during the marriage (known as ‘community property’ in family law) is generally split equally between the parties when they divorce. Community property includes real estate, cars, bank accounts, debts, and more.
When there are large assets or disputes over what qualifies as community versus separate property, the property division process can be complicated. An Irvine family lawyer can help you navigate this process so that you and your children’s interests are always at the forefront of the discussion.
Community Property vs. Separate Property
In California, upon the dissolution of a marriage, separate property includes all pre-existing assets owned by either spouse before the marriage, along with gifts or inheritances. Conversely, community property is composed of all assets and income that were acquired during the course of the marriage.
Separate property remains with that individual spouse, but the line between separate and community property is often unclear if assets are commingled. For example, if separate funds are used for maintenance improvements on a family home, that home could be considered community property, even though pre-marital funds were invested. An Irvine property division lawyer can assist in identifying these distinctions and ensuring an equitable division.
High-Asset Divorces and Complex Property Division
Any divorce case that involves a couple with significant assets, like businesses, retirement accounts, investments, real estate, etc., can be very complex. There is a lot to consider and sort out to reach a fair resolution. Our experienced attorneys in Irvine, California know how to navigate the process of assessing high-value assets so that you don’t have to figure it out on your own.
Importance of Legal Representation
A quality legal team like The Goldberg Legal Group can help make you feel more at ease with negotiation, mediation, or litigation. We can provide you with knowledgeable and caring counsel while we work to protect your rights. Our firm can advocate for a just resolution that safeguards your interests.
FAQs
Q: Is It Always 50/50 in a Divorce in California?
A: Generally, under community property laws in California, courts will order an equal division of the marital estate, property, and debt. Premarital agreements (or specific circumstances), however, may require an adjustment from that equal division. Because each case is different, it is very important to consult with a California divorce attorney. They can give you a better idea of what to expect in your divorce.
Q: How Much Is a Wife Entitled to in a Divorce in California?
A: A wife is typically entitled to one-half of the community property from the marriage. Community property refers to everything that was acquired during the marriage, including debts.
Pre-marital property (assets that either spouse owned before the marriage, as well as gifts and inheritances) is excluded. A wife is not entitled to her husband’s premarital property, and vice versa.
Q: Can You Divorce Without Splitting Assets in California?
A: As California is a community property state, it generally divides a couple’s assets equally in a divorce. Therefore, the court is very unlikely to award a divorce without dividing the assets.
However, if both spouses agree not to divide the assets, then the court can do that.
A prenuptial agreement between the spouses could also take precedence in matters regarding asset division. Either way, both spouses will be required to fully disclose their assets and liabilities during the proceedings.
Q: How Long Do You Have to Be Married to Get Half of Everything in California?
A: In California, there is no requirement for the marriage to last for a specific number of years to receive a community property division. All community property is generally divided equally. After declaring which assets and debts are community and which are separate, the duration of the marriage is not relevant unless it helps determine that distinction.
Contact an Irvine Property Division Lawyer
Property division in California divorces involves a detailed process of distinguishing between community and separate property. This is done to ensure a fair and equitable distribution of assets. When your divorce is contentious and involves a complicated property division, you need a trusted source of information and representation to rely on.
At The Goldberg Legal Group, our Irvine property division lawyers are ready and able to support you and your family through your divorce. You deserve fair and just treatment with your property division, but overwhelming factors, like other parties or even attorneys who are not looking out for your interests, can prevent you from receiving what you rightfully deserve.
If you need experienced representation and legal consultation for complex property division concerns, don’t hesitate to contact us for a consultation.
