Eastvale Property Division Lawyer

Eastvale Property Division Attorney

Eastvale Property Division Lawyer

During a divorce, one of the first topics addressed is how assets will be divided between the couple. Depending on how long you’ve been together and the relationship between the two of you, this process can be overwhelming. Having an experienced Eastvale property division lawyer to fight on your behalf is vital to a fair outcome.

Table of Contents

Hire a Property Division Lawyer

When new clients meet with one of the attorneys at All American Law, they’re never treated as just another case number. Our lawyers know the real-life impact that divorce can have on the rest of your life and work tirelessly to secure a favorable outcome. With over 30 years of combined legal experience, you’ll be in good hands. We offer free consultations to those living in Eastvale and the surrounding cities in California.

How to Start the Divorce Process

When a couple decides to get divorced, the process can only begin if one spouse has:

Lived in California for at least six months
Lived in Riverside County for at least three months

Divorce can be filed at the Riverside Family Law Courthouse, located at 4175 Main Street in Riverside. The spouse filing for divorce will then serve the other spouse with divorce papers.

The divorce process then officially begins. The spouse who filed for divorce will have 60 days to disclose their financial information to the non-filing spouse, who will then have 60 days to provide their own financial information. Then, couples can work to resolve their divorce issues.

What Is Considered Property During a California Divorce

Approximately will have 60 days were divorced in 2023. During a divorce, couples will work with their attorneys and each other to decide how to divide their property during mediation. A neutral third party, called a mediator, oversees mediation sessions. During these sessions, you and your ex’s lawyers will negotiate together to work towards a fair resolution for everyone involved. No one has the final say except you and your ex. If you both can agree on how to divide your assets, you’ll submit a signed agreement to the court for final approval.

If you can’t agree, the case will go to court. A judge will likely split your assets evenly, even if it goes against your personal wishes.

Property includes:

Income of each spouse. In 2023, the average Eastvale household income was $161,322.
Debts, including student loans and medical bills
Vehicles
The average Eastvale home value was $752,000 in 2023.
Retirement accounts
Physical belongings, such as home furnishings
Pets

When dealing with such high-value assets, it’s important to hire a property division lawyer before starting the divorce process. Your ex will have their own lawyer who’s looking out for their interests. Working with an attorney can help ensure you’re protected during the entirety of legal proceedings.

How Property Is Divided Between a Divorcing Couple in California

When determining how to divide property, courts categorize property into two categories:

Community property: This is generally anything gained during marriage, including debts and individual income. Community property is typically split equally between the couple, unless they can agree on an alternative plan.
Separate property: This is typically anything gained before marriage and isn’t subject to division. However, if separate property becomes mixed with community property, it may be split during divorce.

For example, if a spouse received an inheritance before marriage and then used that money to make improvements on the marital home, that money may be divided equally between the couple. It can be nearly impossible to keep property separate during marriage, as most couples don’t get married expecting to later divorce.

If you have a prenuptial or postnuptial agreement in place, it can help make property division easier to navigate. Couples can pursue mediation to divide their assets before a judge gets involved.

FAQs

What Happens if One Spouse Is Hiding Assets?

If one spouse is hiding their assets to try to ensure you won’t receive what you deserve, there are severe legal penalties. Both spouses must legally disclose all their assets, debts, income, and expenses. Penalties for hiding assets can include awarding the harmed spouse 50% of any hidden asset, plus their attorney’s fees and any court costs. In cases involving serious breaches, the court may award the harmed spouse 100% of the hidden asset.

Does Cheating Affect Property Division in Eastvale, CA?

Cheating doesn’t affect property division in an Eastvale, CA divorce case. California is a no-fault divorce state, which means that personal misconduct isn’t considered during any part of the divorce process. The cheating spouse is still legally entitled to 50% of the community property, unless the two of you can agree on another route. This can be difficult to deal with emotionally, making it important to have a trusted lawyer backing you during legal proceedings.

What Happens to the Family Home During Divorce Proceedings?

During divorce proceedings, both spouses have a right to live in the family home if it was bought during the marriage. If the home was owned by one spouse before marriage, they may be able to require the other to move. However, if marital assets were used to pay the mortgage or make improvements, the home may be considered community property. If spouses can’t agree, the court can temporarily give one spouse the right to use the home.

How Do I Prove Separate Property During a Divorce?

To prove separate property during a divorce, you’ll need to trace its origins. Tracing is the process of showing that an asset is your separate property and has stayed separate and never mixed with community property during marriage. This process can take a long time and require professional help from a forensic accountant. Your lawyer will be able to help you manage this process. Without clear proof, the court may treat your assets as community property.