| California is a community
property state, and property you and your spouse acquire
together during a marriage is considered shared. Separate
property is property you or your spouse either owned
prior to the marriage, inherited, or that was specifically
gifted to you. It could also include property you individually
acquired during the marriage, which was not co-owned.
Depending on the extent of property owned and the couple’s
desire to minutely detail property division, settlement
can be very involved and complex or relatively simple.
In settling property division during divorce, there
are a number of financial factors to consider, some
of which may include:
- Assets valuation
- 401 K
- Stocks and Bonds
- Residence
- Filing bankruptcy
- Dissolving a family owned business
- Community property
- Separate property
- Home owned business
- Gifts
- Inheritances
- Personal injury recoveries
- Assets acquired prior to the marriage
What constitutes community property and how to divide
it between spouses remains the most contested aspect
of property division. Because property division has
long term and far reaching effects, seeking legal advice
is often vital to your future. By hiring a lawyer you
can protect what should be rightfully yours. Not only
may an attorney help you arrive at concessions and reach
a settlement, but you also may find you arrive at decisions
quickly and overall save costs. If you and your spouse
are unable to agree on how to divide your property,
the court will make final decisions. Turning over property
division over to the court can result in a long and
expensive process.
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