San Francisco Divorce Lawyers
Property Division during Divorce
During divorce, it’s important to understand property division laws and your rights under those laws in order to prevent your spouse from taking property or assets that are rightfully yours. A San Francisco divorce attorney at our firm can sit down with you to explain your rights, review your estate, and clear up any confusion you may have in regards to the property division process. Hiring a knowledgeable lawyer to represent you during the divorce process is an excellent way to ensure your property rights are not ignored, and that your spouse does not try to obtain property that should remain in your possession.
California Property Division Laws
California is a community property state, which means that all property or assets acquired by either spouse will be divided equally during the divorce process, unless specified differently in a prenuptial agreement or some other court-approved legal document. All marital property (property acquired by either spouse during the course of the marriage) is eligible for equitable distribution under community property laws with the exception of inheritances and gifts. Common examples of marital property include:
- Real estate
- Pensions/Retirement plans
- Benefits
- Bank accounts
- Stocks
- Interest
- Businesses
- Investments
- Debt
- Time shares
- Automobiles
- Furniture
- Jewelry
- Art
Property or assets acquired before or after the marriage is referred to as separate property. Separate property is not eligible for equitable distribution under community property laws.
Why Do I Need a San Francisco Divorce Attorney?
It may seem that property law is pretty cut and dry—marital property is equally divided between the spouses, separate property is not. But what happens when one spouse starts a business before getting married, but the business earns interest during the marriage? How is the interest divided? A skilled San Francisco divorce lawyer at our firm can address complex property division issues like this and help you resolve any discrepancies that may arise.
Furthermore, property division is not always an easy process. One spouse may be adamant that a certain piece of property is his/hers. You may disagree. We can help you work through any disagreements you may have in order to avoid going to court. If your case ends up going to court, we will thoroughly review your estate, looking for proof to convince the judge that the property should remain in your possession.
Above all else, our objective is simple: protect your right to property and help you achieve an optimal outcome that serves your best interest!
To learn more about property rights, click here to contact a San Francisco divorce lawyer at our firm today!
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