Chino Hills Property Division Lawyer

No one enters into a marriage expecting it will end in divorce. However, these situations happen all the time across California, and one of the main topics of contention, alongside child custody or alimony, is that of property division. Property division is a complex issue that can cause high levels of hostility between the divorcing parties, especially in cases of high net-worth couples. Hiring a Chino Hills property division lawyer to assist you in these matters is recommended.

For a decade, the team at All American Law has been helping clients through a wide range of family law issues, such as divorce, child support, and property division. We are here to protect your financial interests as we work to accurately review, assign value to, and divide property in a manner that keeps your goals and priorities at the forefront.

Defining Different Types of Property in California

When approaching a divorce, you might believe that dividing property will be a relatively easy process. It can sound simple to add up the total value of your estate and split that in half. However, there can be several complicated legal issues involved in dividing the assets and debts shared between you and your spouse. California operates as a community property state, meaning that each spouse is entitled to an equitable share of the marital property.

Keep in mind, however, that property division will most likely not result in a perfect 50/50 split. It is also important to be aware of the differences between the two types of property involved in a California divorce.

These two kinds of property include the following:

• Community property: In California, community property is all the property, including all assets and debts, which the married couple has acquired during the course of their legal marriage. These items of property include the following:
  • Real property, including any land, houses, rental property, and vacation homes, even if only one of the spouses officially holds the title
  • Furnishings, art, antiques, cars, collectibles, and jewelry
  • Any income which was earned during the marriage
  • Stocks and stock options
  • Businesses and professional practices
  • Retirement or pension plans
  • The cash value of any insurance policies
  • Debts, such as home mortgages, car loans, and credit card debt, even if these forms of debt are only in one spouse’s name
• Separate property: In a California divorce, married individuals have the right to own their own separate property, which is not subject to property division. These forms of separate property can include the following:
  • Any property acquired before the marriage or after the date of separation
  • Any property that was gained through an inheritance to one spouse
  • Any property which was obtained by one of the spouses as a gift to that spouse only
  • Any profits, rents, or interests which have been earned on the separate property assets
  • Debts that were incurred before getting married or after the date of separation

How All American Law Can Help

Reaching the decision to seek a divorce in Chino Hills is not an easy process, and you deserve an attorney who has your interests in mind during all legal proceedings. One of the main issues you will need to reach an agreement on during these proceedings is how property will be divided between you and your spouse. This can be a difficult time for both parties, and having an attorney on your side is vital.

The team at All American Law is here to help you with the following:

• Reviewing all items of property in order to determine which ones are separate and which are subject to property division according to community property laws
• Assess the values of all your marital property
• Assist in the equitable division of these assets, properties, and debts
• Help you understand the tax implications of a California property division
• Enter into negotiations with your spouse’s legal team in order to ensure you receive the property you are due
• Litigate your case and argue on your behalf for what you deserve if your case should go to court

Property Division FAQs

Q: What Is the Process for a Property Division in California?

A: In California, the process of property division can be complicated if the couple cannot reach an agreement on how to go about this step of their divorce. If a couple can agree, they can negotiate and draft a marital settlement agreement on their own. However, if they cannot reach an agreement, their case will need to go before a judge. In this situation, the couple will need to undergo a valuation of their assets.

Q: What Is the Difference Between a Contested and Uncontested Divorce?

A: In California, a divorce can be contested or uncontested. In an uncontested divorce, the divorcing couple can reach agreements regarding various topics, including property division, alimony, or child custody and support. In contested cases, however, the couple is unable to reach these agreements and must look to the courts to make these decisions for them.

Q: What to Do If My Spouse is Hiding Assets in California?

A: If you believe your spouse is hiding assets during your Chino Hills divorce, you will want to ensure you have an attorney on your side who can help investigate and take the necessary legal action to ensure you receive the property you are due. Common red flags of this kind of behavior can include unexplained changes in financial practices, discrepancies in monetary documentation, and unusual transfers or sales of assets.

Q: How Much Does a Property Division Lawyer Charge?

A: It can be difficult to offer an exact number as to how much a property division lawyer will charge for their services. This is due to the fact that every attorney and case is different. However, there are common variables across every case that can impact the final cost analysis, including the complexity and duration of your case and the experience of your lawyer.

Speak to an Experienced Chino Hills Property Division Lawyer Today

No matter the circumstances, divorce is difficult. When you consult with a property division lawyer at All American Law, you can learn more about what you are entitled to and how you can retain the property you have worked so hard to gain. Contact our offices today to learn more about our legal services and to schedule an initial consultation with our team.