PROPERTY DIVISION ATTORNEYS IN SANTA CLARA COUNTY, CALIFORNIA

When going through a divorce, property division – determining how the couple's assets, property, debts, and liability will be distributed between the spouses – remains a key part of the marriage dissolution process. In the event that the couple is unable to decide how to divide their assets, they can seek help from the California family courts. If you are considering filing for divorce and are trying to understand property division, consulting with an experienced California family law attorney is crucial for proper guidance.

At The Law Offices of Steven E. Springer, our attorneys are committed to offering comprehensive legal guidance and strong advocacy to individuals, couples, and families in divorce and property division matters. As your legal counsel, we can enlighten you about the asset division process and some factors that are often considered. Also, our team will guide you through every stage of the asset division process and fight diligently to protect what rightfully belongs to you.

The Law Offices of Steven E. Springer proudly serves clients across San Jose, California, and surrounding areas of Pleasanton, Fremont, Morgan Hill, and Santa Clara County.

COMMUNITY PROPERTY VS. SEPARATE PROPERTY

In a typical California divorce, the couple's assets are often categorized into marital property and separate property.

MARITAL PROPERTY

Under California law, marital property, also known as community property, includes all assets and debts accumulated by both couples during their marriage. This includes the marital home, cars, income, furniture pieces, bank accounts, royalties, rents, pension plans, stocks, 401k accounts, credit card charges, and all other assets acquired or debts incurred during the couple's marriage.

SEPARATE PROPERTY

Separate property includes any property owned individually or debts accumulated by one spouse before the marriage. This also includes earnings on separate property, third-party inheritance, gifts received by a spouse during the marriage, and damages recovered through personal injury claims.

WHO DETERMINES HOW ASSETS ARE DIVIDED?

Additionally, asset division may be contested or uncontested.

UNCONTESTED PROPERTY DIVISION

In an uncontested asset division, the spouses mutually agree on how the marital property will be distributed. The details of the agreement must be properly documented in a marital dissolution agreement. The agreed-upon terms will be filed with the California court to be officially approved. An experienced divorce attorney can help protect your best interests and keep the conversation on track.

CONTESTED PROPERTY DIVISION

In a contested property division, both spouses are unable to agree on one or more key terms regarding how marital assets should be distributed. A court hearing may be needed, where the judge will issue a final verdict. A knowledgeable attorney can present your case diligently in court and improve your chances of the best possible outcome.

FACTORS CONSIDERED IN PROPERTY DIVISION

California is an "equitable distribution" state. This means that all marital property – assets and property accumulated during the marriage – must be divided equitably and fairly between the spouses. In order to achieve equitable asset distribution, the following factors may be considered:

• The duration of the marriage

• Incomes of both spouses

• Each spouse's physical condition and mental health

• The contribution of each spouse to the accumulation of assets

• The ability of each spouse to earn income

• Whether child custody was awarded to one spouse

• Whether the court awarded alimony to either spouse

• Each spouse's contribution to the marriage

• How and when specific marital assets were acquired

• Other factors that are deemed necessary to achieve equitable distribution

A knowledgeable California divorce attorney can walk you through the property division process and help you make intelligent decisions.

WORK WITH AN EXPERIENCED FAMILY LAW ATTORNEY

Filing for divorce in California usually involves a lot of complex procedures. Negotiating a settlement agreement and dividing marital property with your ex-spouse can make the process even more complicated. Therefore, it is important that you consult with an experienced property division attorney for detailed guidance and to help you navigate important decisions.

At The Law Offices of Steven E. Springer, we have devoted our careers to offering outstanding legal services and helping clients navigate the complexities of asset distribution. Using our in-depth understanding of California laws addressing asset division in divorce cases, our team will help you navigate the often complex legal proceedings. Also, we will work intelligently with all parties involved to settle matters of asset division amicably and help you move forward quickly.