Fontana Property Division Lawyer

You got married, said your vows, and built a life together. Now, you and your spouse have reached a conclusion: a divorce is inevitable. These are difficult times, and the financial and emotional stress that many feel can cause both parties to allow hostilities and hurt feelings to get the better of them. A California divorce has many areas of contention, including property division, and the legal guidance of a Fontana property division lawyer can prove essential.

At All American Law, our team of family and divorce attorneys have over a decade of experience when it comes to dealing with these emotionally tense legal proceedings. We see how hard you have worked for what you have and understand how difficult it may be to face having to part with some of your hard-earned assets. In a property division case, it is smart to be aware of the types of property involved. All American Law is here to help you navigate this process.

Types of Community Property in a Divorce

In a Fontana, CA divorce, all properties owned by either spouse or both spouses will need to be evaluated. Certain forms of property will be considered separate property and will not be subjected to a division. These forms of property tend to include items that one of the spouses owned prior to the marriage, inheritances that were acquired during the marriage by one spouse, and gifts that one of the spouses received during the marriage.

All other forms of property will be viewed as community property, or property which was acquired during the marriage. These items will be subject to the state’s community property laws and, therefore, will be equitably split between the two spouses. In uncontested divorce cases, the spouses can reach an agreement of their own accord regarding how this split will take place. However, in a contested divorce, the parties will need to look to the courts to make this decision.

Divorces in California are likely to have some community property in dispute.

These can include:

• Real estate holdings: These can include the family home, vacation properties, rental properties, land, and other forms of real estate, even if held in one spouse’s name.
• Bank accounts: This includes joint bank accounts, savings accounts, and certificates of deposit.
• Vehicles: This includes cars, motorcycles, boats, trucks, recreational vehicles, and other motorized vehicles acquired during the marriage, regardless of title ownership.
• Business interests: Ownership stakes in businesses, partnerships, professional practices, and closely held corporations established during the marriage.
• Investments: Stocks, bonds, mutual funds, retirement accounts (e.g., 401(k) plans, IRAs), brokerage accounts, and other investment assets acquired during the marriage.
• Household items: Furniture, appliances, electronics, collectibles, jewelry, artwork, antiques, and other personal belongings acquired during the marriage.

It is also important to be aware of the fact that there are certain debts that will also be subjected to an equitable division between the two spouses.

These debts can include the following:

• Credit card debt: Any credit cards that incurred debts for marital expenses or debts that were collected on a joint credit card will be subject to division.
• Personal loans: Any loans that were taken out by either spouse, including all lines of credit or personal loans, can be subject to division.
• Mortgages or home loans: This can include any outstanding loans or mortgages that were taken out against the family home or other marital real estate properties.
• Business debts: This can include any joint liability owned by the spouses for business debts.
• Tax liabilities: This can include any tax debts or other liabilities, such as unpaid taxes.
• Auto loans: If either spouse has an outstanding loan on their vehicle, this will need to be taken into account in the division of property.

FAQs

Q: How Do I Know if My Spouse Is Hiding Assets?

A: There are several signs to be on the lookout for if you believe your spouse is hiding assets during a California property division. These signs include inconsistencies in financial documents such as tax returns or bank statements, unusual transfers of assets or sales, your spouse acting uncooperative or evasive, and sudden unexplainable debts or expenses.

Q: How Long Can a Property Division Take?

A: It can be a challenge to offer an exact timeline as to how long it might take to reach a resolution on a property division case. This is due to the fact that there are several variables involved that can impact the time frame. These variables include the nature and complexity of the assets involved, the worth of these assets, and the willingness both spouses demonstrate to cooperate with one another and the courts.

Q: How Can an Attorney Help Me?

A: In a California property division case, your attorney can review the details of your divorce and help determine which items of property are shared property and which ones can be kept separate. They can also help assign values to these items, negotiate with your spouse and their legal team regarding the case, and advocate for you in a courtroom should litigation become necessary.

Q: What Are the Grounds for Divorce in California?

A: In California, you can seek a divorce simply by starting an official court case. You do not need to prove that the other party did anything wrong to warrant the divorce. Instead, you have the ability to file for a no-fault divorce on the grounds of irreconcilable differences. You are able to pursue a no-fault divorce even if the other party does not want one.

Speak to a Trusted Divorce Lawyer in Fontana Today

If you are facing a divorce in Fontana, California, you will need to look at the division of all your marital property. At All American Law, we can help. You can trust us to help you with your property division case and work to protect your interests above all else. Contact our offices today to learn more about our legal services and to schedule an initial consultation with our team.