Property Division in Orange County
How Property is Divided in a Divorce
California recognizes community property laws in
divorce cases, meaning that all marital property will be divided equally between both
partners. Marital property constitutes any property that is acquired by
spouses during a marriage. This property division process is prone to
cause disagreement and friction between spouses. Controversy tends to
arise when both parties compile a list of the assets that exist between
them. For instance, one party may claim that they bought the family boat
before the marriage, but the other party will declare that their name
is on the title.
What is considered marital property?
California community property law states that your property must be divided
50-50, but without the guidance of an experienced divorce attorney, this
could wind up being a 25-75 affair. At
The Law Office of Bruce C. Bridgman, we have an extensive knowledge of property division law, and we know
how to determine which of your assets will be recognized as marital property.
If your property falls into the following categories, it can be considered
- Debt incurred by both parties during the marriage
- Assets incurred by both parties during the marriage
- Marital home and vacation properties
- Business assets built during the marriage
- Any commingled assets even if built before the marriage
- Any commingled property even if purchased/owned before the marriage
Establishing Your Non-Marital Assets
There are certain exceptions to the division of marital assets that you
may be eligible to claim. Any property that you received in the form of
an inheritance or a gift may be exempt from your marital property. Likewise,
any assets that you acquired before the marriage or after the separation
may also be considered non-marital property. However, there are some circumstances
in which your property may lose its non-marital status.
If your non-marital earnings are somehow commingled with marital proceeds,
they may lose their non-marital status. For instance, if you deposit non-marital
funds into a joint account, and these funds are withdrawn and used over
time, it may be impossible to determine which funds were used first. In
this situation, it is likely that the value of your non-marital proceeds
If marital proceeds are spent on non-marital property and its value is
improved as a result, it may therefore be considered marital property.
The law defines this scenario as a marital improvement. Also, your non-marital
property may be traced into your marriage. For example, if you bought
a vehicle before you were married and traded that vehicle in for another
car during the marriage, you may be able to establish the vehicle as a
non-marital asset during your divorce through tracing.
Call Us Today for Your Free Consultation
Your divorce can be a strenuous process, and the last thing you need is
more contention. An Orange County property division attorney will work
closely with you to resolve this issue in a manner that suits your needs.
Our firm believes that every divorce is different and should be handled
as a unique situation. You can expect to receive the attention to detail
and personalized care that you deserve.
When you trust in a skilled attorney who has years of experience handling
divorces in California, you have an invaluable ally and asset in your
corner. If you have questions or concerns about marital property and property
division, an Orange County lawyer at The Law Office of Bruce C. Bridgman
can offer you knowledgeable legal counsel.
Contact a skilled divorce attorney
at The Law Office of Bruce C. Bridgman today if you have property division issues.