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.
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.
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.
Dividing property in California can be complex. Let our team of experts at The 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.