Property Division Attorneys

Property division, is the way by which California divides property between spouses after marriage dissolution. Though mediation is an option, when a couple decides not to mediate the state has to decide how to split the marital assets, and has laws that govern this process.

California is considered to be a community property state. In California, the courts will allow a divorcing couple come to their own terms regarding property division, as long as it is considered to be fair and reasonable to both parties. When a judge decides how to allocate marital property there are many factors that can influence the judge’s decision, such as:

• Purchase date: In cases were the subject property was purchased before marriage or with separate funds, that spouse may be awarded more equity in the property. In some cases a spouse may be awarded 100% of the equity in the property or be awarded the valuables outright.
• How the property was acquired: Not all property that is acquired during marriage is necessarily considered community property. For example, if the property was inherited by one of the spouses and is only in that person’s name, it may not be considered joint property.
• Children: In cases where children are involved, the family home could be awarded to the spouse who is going to raise the kids.