When getting divorced in California, all your property, assets, and debt must be divided according to legal standards. Because California is a community property state, having a lawyer who can help you better understand the laws around property division and fight to ensure that you get what you deserve is critical. At The Law Offices of Dorie A. Rogers, APC, our team has a thorough understanding of the complex laws surrounding property division in California and can assist you with your case today.
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Law Offices of Dorie A. Rogers for Yorba Linda’s Property Division
When it comes to hiring any type of attorney, you want to work with someone you can trust. Dorie A. Rogers is not only one of Yorba Linda’s most trusted attorneys, but she also has over three decades of experience in working in the world of the law. In addition to her extensive experience, Attorney Rogers has completed rigorous training to become a certified family law specialist by the State Bar of California—something not many other attorneys have achieved. Dorie A. Rogers and her team have dedicated their practice to helping families through difficult situations. No matter what you’re going through, don’t hesitate to reach out for compassionate and efficient legal assistance from the team at the Law Offices of Dorie A. Rogers.
The Law Offices of Dorie A. Rogers, APC: Your California Property Division Attorney
We have over three decades of experience working in the world of law. With our extensive knowledge, experience, and negotiation skills, we have helped hundreds of clients through difficult property division and family law matters. At The Law Offices of Dorie A. Rogers, APC, our team is committed to listening to our clients and their needs so that we can develop a unique strategy to help their specific case. When it comes to property division, our team can represent you and make sure that you receive everything you are entitled to.
How Does Division of Property Work in California?
Couples can accumulate a wide range of property and other assets during a marriage. Because California is a community property state, all property acquired during a marriage is considered “communal,” or owned equally by each partner in the relationship. When a couple divorces, the property acquired during the marriage is presumed to be equally owned and must be fairly divided when they legally separate.
Some of the most common communal properties include:
- Family homes
- Bank accounts
- Business shares and stocks
- Furniture and appliances
- Other real estate
Community vs. Separate Property
When getting divorced, there are two main kinds of property that will be involved. Community property includes all the assets and property that were acquired while a couple was married. Separate property, on the other hand, is property that is owned separately by one spouse and was acquired before or after a marriage. Before getting married, many individuals prefer to claim their individual property, oftentimes through a prenuptial agreement. This is done so that, in case a couple ends up divorcing, the assets an individual owned beforehand were already claimed and could be protected.
The Advantages of Working With a Property Division Attorney
Property division can be a complex aspect of any divorce, especially if you and your previous spouse are struggling to come to mutual agreements. There are several advantages to working with an expert attorney:
Ensure You Get What You Are Entitled To
Many people are worried about losing property that is important to them when getting divorced. By working with an experienced property division lawyer, you can trust that your interests are represented and that you can receive an equal share of your marital assets. If there are certain things that are important to you, our team can work to voice your needs and help you get what you are entitled to.
Help You Understand the Law
The laws regarding property division in California can be complicated, especially if you have little knowledge of them in the first place. By hiring our team, we can work to help you better understand the laws around property division and community property in California, as well as navigate you through the process.
Represent You in Court
Often, property division in a divorce can result in disagreements between separating spouses. Because of this, having an attorney that can represent you and your interests in court can help immensely throughout your case. When you and your partner cannot come to an agreement, the final decision is handed over to the court. When this happens, you will want an attorney to represent you and use their negotiation skills to ensure that you get the property you deserve.
Oorange County Property Division FAQs
Q: Can You Divorce Without Splitting Assets in California?
A: Every divorce must involve some sort of property division. While it is possible for spouses to come together to make agreements on the division and split them unevenly, community property will have to be split during a divorce in California. Your separate property should be protected, especially if you have a prenuptial agreement.
Q: How Does Separate Property Become Marital Property in California?
A: In some cases, separate property can become marital property. This usually occurs through a process known as “commingling” or “transmutation.” When commingling occurs, it is basically impossible to trace the root of the actual owner of the asset; therefore, it becomes communal. Transmutation occurs when a couple turns their separate property into shared property. An example would be re-titling a house that was once owned individually and putting it under both of their names.
Q: Are You Responsible for Your Spouse’s Debt in California?
A: Because California is a community property state, debt that is acquired during a marriage is also considered to be shared property. This means that in most cases, you may be responsible for sharing your spouse’s debt unless you can prove otherwise. If you have any concerns about having to pay a former spouse’s debt, it is best to consult a family law attorney.
Q: How Long Do You Have to Be Married to Get Half of the Property in California?
A: There is no minimum length of marriage required to split marital property. Under community property laws, all the property that is accumulated during the marriage is owned equally by each spouse. This means that if the marriage lasted only two months, the property that can be split is only what was acquired in those two months.
Property Division Assistance at The Law Offices of Dorie A. Rogers, APC
Dividing property in California can be complex. Let our team of experts at The Law Offices of Dorie A. Rogers, APC, help you through the legal process and represent you along the way. We know just how complicated property division in a divorce can be, which is why we offer professional legal services to help individuals across Orange County. To learn more about our team, our family law services, and how we may be able to assist you, contact us today for more information.
“Dorie is a very powerful attorney and a great asset to have on your side in any family legal matter. She is extremely bright and insightful, and I got everything I asked for in my lawsuit.”
“I would strongly recommend Ms. Dorie Rogers for any legal needs. During my Divorce proceedings, Dorie’s professionalism, expertise in Divorce Law and legal skill helped bring my case to a close in both a timely and mutually agreeable manner.
Additionally, Dorie took the time to understand me and my background to better represent me in my case. She showed a level of caring and concern that helped me through a very difficult time. She is an outstanding lawyer and wonderful person.”
“Second to none – I wouldn’t hesitate to recommend Dorie to anyone. She was my attorney for my divorce and custody case. She will do everything it takes to get the job done and all with a smile on her face. Her knowledge and expertise will assist anyone in a family law situation get the results they want.”
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