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Riverside Divorce Lawyer Temeculadivorce.com

Property Division Attorney Temecula, CA

Divorce & Property Settlement | Protect Your Home, Retirement & Savings | We fight for what's rightfully yours.
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Dividing assets during a divorce can feel overwhelming and unfair. Whether it's the home you’ve shared or significant financial assets, the process often leaves people uncertain and anxious about their future.

Divorce shouldn't mean losing everything you've worked for. We fight aggressively to ensure what's yours stays in your hands.

At Family Law Matters, we understand how critical it is to secure a fair division of property while ensuring that your rights are fully protected. Our experienced attorneys help you navigate the complexities of California’s community property laws to ensure that what’s yours stays yours.

If you and your spouse can’t agree, we’ll be there to advocate for your best interests—whether in negotiations or in court. Our priority is to protect your financial future and deliver peace of mind during this stressful time.

We Solve These Common Property Division Problems:

  • Confusion over “Community” vs. “Separate” Property: We’ll help you understand what assets are yours alone and what must be shared.
  • Disputes Over Valuing Assets: We work with experts to ensure assets like homes or businesses are accurately valued.
  • Court Involvement: If negotiations fail, we’ll represent you in court to ensure a fair division based on California law.

 

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Protecting your assets

Defining Property in a Divorce

Let’s begin by defining the table’s contents. In general, “property” refers to anything that can be bought or sold, including real estate (both residential and commercial), automobiles, furniture, clothing, and technology, among other things. Moreover, property can relate to anything of monetary value, such as bank accounts, investment assets, patents, and even security deposits on rental property.

Labeling Property for Distribution

All property owned by you and your spouse during a divorce will be designated as either communal or separate property (or in rare cases, a commingling of the two). When the divorce is finalized, this procedure of labeling will determine how the property is distributed.

Why Choose Family Law Matters?

When you choose us, you can expect:

  • Expert Representation: We specialize in all aspects of family law, including child custody, support, and divorce.
  • Personalized Attention: We take the time to understand your unique situation and needs.
  • Compassionate Support: Our experienced legal team is here to guide you through the process with care and clarity.

Moving Forward Together

We know how personal and impactful family law issues can be. That’s why we’re committed to:

  • Helping you set realistic expectations based on your situation.
  • Providing strong support, whether you need a softer approach or firm litigation.
  • Standing by your side every step of the way.

If you’re in need of caring, compassionate help with your divorce or family law case in Temecula, CA, we’re here for you. Contact us to start the conversation.

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What Our Property Division Lawyers Want You To Know

  • Understanding Community Property Laws: Learn how California’s community property laws impact the division of assets during a divorce.
  • Comprehensive Asset Valuation: We provide a thorough evaluation of all marital assets to ensure an equitable division.
  • Protecting Your Interests: Our attorneys work to safeguard your rights and ensure that you receive a fair share of the marital property.
  • Strategies for Complex Property Division: Whether it’s real estate, investments, or business interests, we employ strategies to manage complex divisions.
  • Handling Debts and Liabilities: We’ll help you navigate the division of marital debts, ensuring that liabilities are fairly allocated.
  • Customized Legal Guidance: Every divorce is unique—we provide personalized strategies tailored to your specific situation.

Community Property in California

California is a community property state, meaning that when a couple marries or registers a domestic partnership, they create a legal "community." Any property or debt acquired by either partner during the marriage is considered community property, belonging equally to both. Under California Family Code Section 760, this includes all real and personal property obtained during the marriage. Upon divorce, community property is generally split 50/50.

Separate Property

Separate property includes assets owned by one spouse before marriage, as well as gifts and inheritances received during the marriage. Additionally, property purchased with separate funds after the marriage remains separate property. Income from separate property, such as rent or profits from a business, also remains separate as long as it is not mixed with community assets.

Quasi-Community Property

Quasi-community property refers to assets acquired by either spouse outside of California that would be considered community property if they had been obtained within the state. These assets are treated as community property during a divorce.

Protecting Assets with Prenuptial and Postnuptial Agreements

To avoid the default rules of community property division, couples can enter into prenuptial or postnuptial agreements. These agreements allow couples to determine how their property will be divided in the event of divorce, which can be especially important for protecting significant assets or business interests.

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The different types of property in California

Community property– Absent a written agreement, the law requires an equal division of the community estate. For the most part, in California, property acquired from the date of marriage until the date of separation is community property. Community property is an asset earned during the marriage through time, effort or skill during marriage. It is divided equally during a divorce unless there is a written agreement to some other arrangement.

Gifts and Inheritance

Unless a gift or inheritance was given jointly to both parties, it will be awarded as the sole and separate asset of the person who received it. This is because gifts and inheritance are not earned through time, effort or skill, and are, therefore, not community property.

Per Capita Income

Money received from an Indian Reservation for being the member of a particular tribe is the sole and separate asset of the person who received it. Anything purchased with that money is the sole and separate asset of that person. This is because the money is not earned using time, effort or skill. It is earned as a result of one’s heritage.

Community Debt

Like assets, almost all debts acquired during the marriage are community and are divided equally.

Retirement Benefits

When a married person accumulates an interest in a pension, retirement, profit sharing, or other employee benefit plan during the marriage, the part accumulated during the marriage is community property. In California, the retirement or pension plan is then divided using a court order called a Qualified Domestic Relations Order (QDRO). A QDRO is a set of instructions that helps determine how much money is to be paid to each party.

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Military Retirement

There are separate rules for military retirement. Federal law does not recognize a spouse’s right to receive military retirement unless the parties were married for ten years or more.

Family Residence

Where minor children are involved, the primary parent may be allowed to remain in the marital home. This can be done by delaying the sale of the home or structuring a property settlement to award the house to the primary parent. 

One common settlement term is to allow both spouses to remain on title until the youngest child graduates from high school. Later, the house can be sold and the profits split equally.

Separate Property

Separate property is anything acquired by a spouse before the marriage, during the marriage by gift, devise, or bequest, and after the parties separate. It is awarded to the spouse who owns it.

Separate Debts

Debts incurred during the marriage are usually equally divided. They are divided to the person who incurred them. Debts accumulated after the date of separation are awarded to the party who incurred them. 

Similarly, after separation of the parties, the earnings and accumulations of each party are the separate property of the party who earned the asset.

Student Loans

While most debts accumulated during the marriage are the joint obligation of both spouses, student loans are the exception. They are the separate obligation of the person who incurred them. 

Unless the spouses co-signed for the debt, a student loan will be the obligation of only one party.

Disclaimer: The above rules are merely generalities and should not be construed as legal advice and should not be acted upon or relied upon in any way. If you have specific questions about any of the above, please call our office for more information.

Property Division: Who Stays in the Home?

Property division during divorce is rarely straightforward, especially when separate and community property have become intertwined.

For example, if one spouse used separate funds for a down payment on a home, but mortgage payments were made with community funds, the equity in the home may be a mix of separate and community property.

In these cases, forensic accountants are often necessary to trace transactions and divide assets accordingly. Consider the following questions when determining property division:

  • Are both parties still living in the home?
  • Did one voluntarily leave?
  • Was the house bought during the marriage?
  • Did one spouse buy it before marriage?
  • Are both parties listed on the title?
  • Does one parent have sole custody?
  • Is the mortgage current?
  • What is the home’s equity?
  • Can either spouse refinance?
  • How will spousal or child support affect the decision?
  • Can both agree for one spouse to remain in the home until the children graduate?
  • Is there any history of domestic violence?
  • Are there savings or retirement funds involved?
who stays in the house in a family law case

Oftentimes, your attorney will be able to help negotiate a fair settlement that includes remaining in the home. 

This could be by coming up with a creative solution in the divorce settlement, negotiating a delay in the sale date of the home, or helping the client find money in the divorce to buy the other party out. 

If you are going through a divorce and are interested in saving the family home, we will work together with you to help you achieve this goal. For more information, please call our office or email us. We are here to help.

How a property division lawyer can help

A property division lawyer can guide you through the complexities of dividing assets during a divorce. They help protect your rights, ensure fair distribution, and navigate challenges such as commingled property and ownership disputes.

Whether through negotiation, mediation, or litigation, having an experienced attorney by your side can make the difference between a smooth resolution and a prolonged legal battle.

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Riverside Divorce Lawyer Temeculadivorce.com
Family Law Matters – is a team of highly experienced, hand-picked family, litigation and divorce attorneys from South California. Get in touch with us.

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27307 Via Industria, K-1
Temecula, CA 92590

(951) 972-8287
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