Claremont Property Division Lawyer

Even in the most amicable divorces, several issues are involved that the couple will need to settle before the case can be finalized. Whether you own a family home on Logan Street or you own and operate a small business near Larkin Park, dividing marital property is never easy. An experienced Claremont property division lawyer can help protect your rights and advocate for your interests during every stage of your divorce.

Protect Yourself in a Divorce: All American Law

At All American Law, our attorneys are focused on you. Your needs become our highest priority. We have the reputation and skill necessary to be fierce negotiators and aggressive litigators should your property division case go to court. We are here to work closely with you and determine the most effective path forward. Our team has been practicing family and estate law for over two decades, and we are ready to bring legal excellence to your case today.

Defining Property in California During Divorce

California has a divorce rate of 5.88 per 1,000 women age 15 and over. In Claremont, where the average median household income is around $125,647, and the median property value is $897,000, the property division aspect of divorce can become complicated.

In California, all property that was acquired by either spouse during the marriage is known as “community property” and is therefore subject to an equal split between the couple. While this split does not necessarily work out to be perfectly 50/50 in each case, the law will aim to simplify the process and distribute the property accordingly.

When a couple is unable to reach an agreement regarding the division of their property in a divorce, they will need to look to the courts to make this decision for them. The courts will take into consideration various factors when making this decision, including the length of the marriage and each spouses’ contributions to the marriage and family. However, before property can be divided, it must first be defined.

In California, the four most common forms of property that are involved in a divorce include the following:

• Separate property: This kind of property includes any assets or debts that were acquired before the marriage occurred. Examples can include vehicles purchased before marriage or student loan debt.
• Community property: This property is anything that was gained by either spouse during the marriage. Common forms of community property include the family home, vehicles, jewelry, home furnishings, business ownership or interests, and credit card debt.
• Quasi-property: When spouses gain this form of property, it is because they were living in a state not governed by community property laws. For example, if the couple purchased a home in North Dakota but then moved to California, this property could be defined as quasi-priority, and its existence can add a layer of complication to a divorce.
• Commingled property: This form of property is property that originally starts as separate property but turns into community property at some point during the marriage. For example, an inherited asset could be deposited into a marital account, making it commingled.

When facing a divorce in Claremont, it is important to be aware of how all property forms are defined. This will help you recognize what you are entitled to. At All American Law, we can review your property portfolios and help identify the different kinds of property and what you are entitled to hold on to following divorce.

Steps to a Claremont Property Division

Just as it is important to be aware of how property is defined in a California divorce, it is likewise important to gain a full understanding of the legal process. In Claremont, there are four main steps in the division of property, including:

• Step one: All the property that is owned by you and your spouse needs to be disclosed and identified.
• Step two: Your attorney can then begin to classify all forms of property, including debt, as either marital or separate, or, in certain cases, commingled and quasi-property.
• Step three: Your attorney can then work with financial professionals to assign values to all property to determine how that property will be divided.
• Step four: Finally, all property that is assigned value and subject to division will be distributed between the couple as equally as possible.

FAQs

What If My Spouse Is Hiding Assets in California?

In some divorce cases, a spouse may be tempted to try to conceal or hide assets during the division of community property. If you believe your spouse is doing so, you need to let your attorney know right away. Your lawyer can work alongside a forensic accountant to uncover any hidden assets and hold your spouse accountable.

Why Should I Hire a Divorce Lawyer?

You should hire a divorce lawyer as they can prove vital to the outcome of your case. Even though having a Claremont property division attorney on your side is not required by California law, they can work to protect your interests, and their services are invaluable in cases where a large amount of debt or property is shared between the couple.

What Are Some Specific Examples of Separate Property?

Specific examples of separate property might include any property that was acquired and owned by one spouse prior to the marriage. This can include vehicles, electronics, and collectibles. Additionally, if during the marriage one spouse receives something as a gift or inheritance, that can be considered separate as long as it is not commingled during the marriage.

Who Keeps the Family Home in a Divorce?

In a divorce, there is no set answer that applies to all cases when it comes to which party gets to keep the family home. There are several factors that can affect this decision, including whether or not there are any minor children shared between the couple. If there are minor children present, then the parent granted primary custody will likely keep the home.

Hire a Property Division Lawyer Serving Claremont Families Today

If you are facing a divorce in Claremont, you need to hire a property division lawyer as soon as possible. At All American Law, we are here for you. Contact our offices today to learn more and to schedule a consultation.