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Riverside Divorce Lawyer Temeculadivorce.com

Divorce Asset Protection Attorney California

Preserve your wealth during divorce. Get elite legal strategies to protect your assets and secure your financial future. Free consultation.
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Divorce Asset Protection in California

Divorce can have a significant impact on your financial security. Protecting your assets during this challenging time is crucial. At Family Law Matters, we understand the emotional and financial strain that comes with dividing property and safeguarding your future.

The same amount of income you relied on to support your family will now have to be divided between two households. Without a solid strategy, you could lose control over the assets you’ve built.

Your assets and business income are at stake in a divorce. By putting your business, income, and assets into a divorce asset protection structure, you can do much better than going into a divorce battle unprepared.

Don’t wait until it’s too late to protect what’s rightfully yours. Failing to take action now could leave your assets vulnerable to property division, potentially diminishing your financial stability for years to come.

So what types of legal instruments are appropriate for an asset protection strategy in a divorce?

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Protecting assets during divorce

What Our Asset Protection Lawyers Want You To Know

  • Protect Your Financial Future: Understand how to safeguard your assets during a divorce to ensure a secure financial future.
  • Comprehensive Asset Evaluation: We conduct a thorough evaluation of all marital and separate assets to ensure a fair division.
  • Expert Negotiation Strategies: Our lawyers employ proven strategies to negotiate favorable settlements that protect your wealth.
  • Legal Safeguards for Business Owners: If you own a business, we’ll help protect your enterprise from being unfairly divided.
  • Prevent Hidden Assets: We use advanced methods to uncover any hidden assets and ensure full transparency in your divorce proceedings.
  • Customized Asset Protection Plans: Each divorce is unique—we tailor our approach to meet your specific financial goals and needs.
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Here are some steps you can take to safeguard your assets from a divorce dispute. First, keep in mind that local courts can enforce virtually any domestic action. Local judges have jurisdiction over local property.

There are domestic asset protection vehicles available, including trusts, limited liability companies, and limited partnerships.

Our in-house asset protection attorneys in California can say with confidence that, in actual divorce cases, the courts have permeated all domestic structures.

Community Property Laws

Couples going through a divorce must decide how their property and debts will be divided, or ask the court to do so. In accordance with California's community property laws, assets and liabilities acquired during the marriage belong equally to both parties and must be divided equally in the event of a divorce.

California is a state with community property. This means that, in general, property acquired during the marriage by either spouse is presumed to be owned equally by both partners.
 

Protecting Property from Divorce

  1. Gather your financial records from the previous three years. 
  2. Make copies of your bank, retirement, and investment account statements. 
  3. Establish an offshore trust and global LLC (call or fill out a free consultation form for details). Establish an international bank account in the LLC’s name. 
  4. Create credit under your own name. 
  5. If possible, obtain copies of your spouse’s account statements. 
  6. Obtain copies of your property records. 
  7. Record a mortgage for a home equity line of credit against property you own. 

The mortgage will be payable to your asset protection trust’s international LLC. If necessary, international institutions can acquire the mortgages. 

They will deposit the cash proceeds into a “inaccessible” account within your offshore trust. 

You take this action because a judge may require you to provide proof of cash distribution in the future. 

Do not deposit your inheritance funds in accounts that may also be in the name of your spouse. 

Create a list of your personal property assets. This should be arranged prior to your spouse serving you with divorce papers. 

After a process server hands you divorce papers, you still have options for protection. However, it is preferable to act beforehand.

Getting proof that the property you want to keep is your own

Most likely, the best way to keep your property out of the divorce is to show that it is "separate property" and not part of the marital estate, which means it is not up for grabs.

"...all property, real or personal, wherever it is located, acquired by a married person during the marriage while domiciled in this state..." is considered "community property" and is split between the two people in a divorce. On the other hand, separate property is made up of:

  • Things that one person owned before the marriage,
  • Property that was given to one person through an inheritance, will, bequest, or gift,
  • Rents or money from selling that property,
  • The income of a spouse and the income of any minor children who live with that spouse while the couple is living apart.

There are exceptions to these criteria and other specialized categories, but in general, if you can demonstrate that an item belongs into one of these categories, you can keep it separate and exempt from distribution in the divorce.
 
If you can show that the money you used to buy property during your marriage came from the sale of property you owned before you got married.
 
For example, if you sold a house you owned before you got married and used the money to buy a new house while you were married, you may be able to prove that the new property should be treated as separate.

A family law attorney can help you show that your property was bought with money from your own bank account.
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Entering into a pre or prenuptial agreement

We can assist you in drafting a prenuptial or postnuptial agreement to protect your premarital assets, business interests, or both.

We will ensure that any agreement specifies precisely what, if anything, your spouse will be entitled to in the event that you and your partner decide to divorce. An experienced divorce attorney will draft this for you.

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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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How an asset protection lawyer can help

As experienced asset protection lawyers, Family Law Matters can help you exit your marriage with your financial future intact. Under Section 2550 of the California Family Code, a married couple must follow the rules about “community property.”

The first step of protecting your assets is to differentiate marital and non-marital property as defined by the Marital Property Act. Call today for a free initial consultation.

Beshoy Shehata Family Lawyer

Ready to Take the Next Step?

Our experienced divorce attorneys are here to help. Schedule a free consultation today and get the legal support you need.
Get in touch today!
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.

Serving Temecula, Corona, Temescal Canyon, Murrieta, Wildomar, Canyon Lake, Menifee, Sun City, Hemet, Riverside, Riverside County and San Bernardino, California.

Address

27307 Via Industria, K-1
Temecula, CA 92590

(951) 972-8287
info@temeculadivorce.com


9036 Pulsar Court, Suite A,
Corona, CA 92883

(951)-299-3366
info@temeculadivorce.com

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