Divorce is a difficult process, and the division of property can be one of the most complicated areas of family law. Depending on how long the marriage is, determining what assets are marital and what assets are personal can cause disagreements. Furthermore, the valuation of shared property and the equitable division of assets is often a heated topic. Hiring an experienced property division attorney can help relieve some of the tension and stress. It can also make compromising an easier feat so things can get finalized and everyone can move on.
The Dorie A. Rogers, APC, was founded by a certified family lawyer with more than 30 years of experience. Our goal-oriented approach has helped many families in Orange County resolve their property division disputes. Our attorney has earned The State Bar of California Board of Legal Specialization credentials, a prestigious certification that few other family lawyers in the state have earned. This certification represents a rigorous dedication to and demonstration of the utmost in legal competence standards.
Tustin Practice Areas
The Dorie A. Rogers for Tustin’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 Tustin’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 Dorie A. Rogers.
How Can a Family Lawyer Help With Property Division?
There are four categories of assets defined by state law. Understanding each of these types of assets and property can help with your issues involving property division in your Tustin divorce. When you have a knowledgeable Orange County property division attorney working on your behalf to explain these types of complicated legal processes, it makes the whole process easier to get through.
The four types of property categories are listed below.
- Community Property: Also called marital property, community property is acquired throughout the length of the marriage.
- Quasi-Community Property: Quasi-community property is property or assets that were acquired and are owned outside of California.
- Separate Property: Separate property is property that belongs to one person.
- Commingled Property: Commingled property is a mix of separate and community property and assets.
When legally dividing property, it is important that both partners disclose all their assets for the purpose of valuation, even assets that are considered separate property. If you are not sure whether your partner is divulging all their assets, an experienced property division attorney can use forensic accounting to locate and value all assets and categorize them properly. If it is found that one partner is trying to hide assets, they will be in breach of their fiduciary duty to the marriage, just as they would be in a business partnership, according to state law. This can result in the punishment of the guilty party via money sanctions, which can potentially include a court order that 100% of community property be awarded to the other spouse.
Community Property
Community property consists of any assets or financial accounts, such as joint or individual bank accounts, that were obtained during the marriage, including:
- Vehicles
- The community household residence
- Real estate purchased during the marriage
- Retirement accounts, such as IRAs and pensions
Only the money earned during the marriage in retirement accounts is considered marital or community property.
Separate Property
Separate property is anything that was owned by either spouse prior to getting married, including debt. This also includes anything bought with separate property funds or earned from separate property assets. Additionally, gifts or inheritances given to one party individually are considered separate property, even if it was a gift received or an asset inherited during the marriage.
Commingled Property
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.
Retaining the Services of a Tustin Divorce Attorney
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.
“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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