Commingled property in California is treated as marital property or community assets in the eyes of California divorce courts. Tracing a spouse’s contribution is important if they are trying to prove separate ownership. The courts use two different tactics to separate assets that are commingled: direct tracing, using documents and records, and family expense tracing, when documents and records are unavailable. A Tustin property division attorney can assist in tracing assets to determine if they are separate or community before the court gets involved in your finances.
Property Division Attorney FAQs
Q: How Is Property Divided in Divorce in California?
A: In a contested divorce in California, the property is divided equally between the two spouses. However, this does not necessarily mean that they will each receive exactly 50% of community assets. In some cases, one spouse will receive the family home in exchange for having to cash in their retirement account and incur any penalties associated with that.
Q: What Happens to Property After Divorce?
A: Once a judge determines the division of property, or signs off on the divorcing couple’s agreed-upon division, the property must be transferred, sold, and/or divvied up according to the court-ordered divorce decree. If one of the parties fails to release ownership of assets according to the court order, they will be in contempt of court, and legal action can be taken against them.
Q: Is Everything Split 50/50 in a Divorce in Orange County, California?
A: The answer to this is yes and no. It depends on the type of assets. Marital property is split 50/50, as California is a community property state that splits everything equally. However, separate property is not divided, so anything not obtained during the marriage, or any gift or inheritance received individually either before or during the marriage, is considered separate property and not divided amid divorce proceedings.
Q: Who Gets the House in a Divorce in California?
A: If a house is considered separate property, the spouse who is the owner of the house will keep the house in a divorce, even if they both lived in the home. If a house is community property, it will be divided equally in the divorce in a way that may not require it to be sold, but rather, swapped for an asset that is equal to half the value of the home.
If you’re in the middle of a Tustin divorce, and need legal assistance with the division of property and assets, The Dorie A. Rogers, APC, is certified in family law and is headed by a well-versed Tustin property division attorney. We are equipped to help you get through this difficult facet of your divorce, and we have the experience necessary to work through your case and the valuation of your assets efficiently and effectively. Contact The Dorie A. Rogers, APC, to learn about our services and schedule an appointment.