Irvine Property Division Lawyer
Do you need legal assistance with a property division matter in your divorce? The division of property, assets and debts is a very important and often difficult issue to resolve between divorcing spouses.
We urge you to contact a lawyer at Kirk & Toberty, Attorneys At Law to schedule an initial consultation in which you can discuss the specific facts and circumstances of your case. After reviewing your situation, we can advise you regarding the legal factors involved and how best to proceed towards a divorce settlement agreement.
Contact us today at (949) 416-2215 to schedule a consultation with our Irvine property division lawyer. We are here to help you through this difficult time.
Understanding California’s Community Property Laws
California is one of the few states that follows the community property system, which means that, in general, property and debts accumulated during the marriage are owned jointly by both spouses and are subject to division during divorce.
Under this system, all property obtained during the marriage, regardless of which spouse’s name is on the title or who paid for it, is typically considered community property. However, not all property is subject to equal division. Some property may be classified as separate property, meaning it is owned solely by one spouse.
Separate property includes:
- Assets acquired before the marriage
- Gifts or inheritances received by one spouse during the marriage (unless commingled with community property)
- Property specifically designated as separate in a valid prenuptial or postnuptial agreement
Understanding how property is classified is critical to a fair division, and our Irvine property division lawyer can help ensure that your assets are properly categorized and that the division process is equitable.
Key Considerations in Property Division
Several factors can influence how property is divided during a divorce in California. While the state follows a community property model, the court may take into account certain circumstances when deciding on a fair division:
- Contributions to the Marriage: The court may consider both financial and non-financial contributions to the marriage. For example, if one spouse was a stay-at-home parent while the other worked, the court will recognize the value of the homemaker’s contribution to the marriage.
- Economic Misconduct or Fraud: If one spouse is found to have hidden assets, committed financial fraud, or dissipated community assets (e.g., by overspending or gambling), the court may order an unequal division of property to account for the misconduct.
- Length of the Marriage: The length of the marriage can play a role in how property is divided. For example, in a long-term marriage, there may be a stronger argument for an equal division of property, while in a shorter marriage, the division may be less favorable to one party.
Ready to protect your assets? Schedule a free consultation with an Irvine property division attorney today. Call at (949) 416-2215 or contact us online to get started.
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"Thank you so much for all your help."I needed someone to help me have a voice and you did just that.- Teresa W.
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"I just wanted to thank you for your assistance during this difficult year."Your compassion and professionalism made this trying time much easier.- Jillian P.
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"Mr. Toberty provided excellent guidance and wise counsel during a difficult divorce."The process was affordable, timely and thorough. Mr. Toberty far exceeded my expectations and I HIGHLY recommend him- Carrie S.
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"Thank you so much for seeing me through this difficult time."I appreciate being able to call you anytime and was thankful for your explanations. I would highly recommend you to anyone that needed your services.- Ann F.
