Whenever a marriage ends, there are many things to keep in mind. If there are children, you have to consider who will raise them. Where they will live. Who makes all of the important decisions in their lives. If spousal support comes into question, you also have to consider who will pay and for how long. But one of the most difficult things to settle upon is property. Property division can be tricky because both parties have to determine what they are willing to split. Some property will be considered community property and some will be considered separate property. But what happens when one person doesn’t want to split the community property or feels they deserve more?
If you live in the Thousands Oaks or Southern Ventura County and are going through a property division battle, you need a lawyer who can represent you to the fullest. Give me, Stephanie L. Mahdavi a call, and I will do what it takes to get a favorable outcome for you. Divorces can be a rough time, and dividing assets solidifies the marriage is over. You need an experienced property division attorney with a legal staff that is incomparable. Give me a call to set up a consultation.
According to California law, community property is defined as “any asset acquired or income earned by a married person while living with a spouse.” Separate property is defined as “anything acquired by a spouse prior to the marriage, during the marriage by gift, or other means.”
In California, the court will usually accept a fair and reasonable property division that both parties have agreed upon. However, if the parties cannot agree, the Superior Court within the Judgment of the Divorce does so.
California is also a community property state, meaning all community property – and debt – acquired during the marriage is split equally. If spouses cannot meet an agreement on their own, the Superior Court divides it equally for them.
Give me, Stephanie L. Mahdavi a call and let my legal professionals and I represent you. We will handle your case with compassion, but also with conviction to make sure we put you in the best position for success. We want to make sure you get what you rightfully deserve.
When someone is going through a divorce, one of the most complicated aspects of the process is the division of marital assets. At the Law Offices of Stephanie L. Mahdavi, our Thousand Oaks property division attorneys are ready to help you. Contact us today after you read this short overview of property division basics.
The state of California uses a community property system during a divorce. This means that all marital property will be defined as community property or separate property. The community property will be divided evenly between the two spouses, and the separate property will be kept by its owner.
All assets acquired during a marriage in California belong to both spouses equally. In an uncontested divorce, both parties must agree on how to divide the community property. Uncontested divorces often occur because these decisions cannot be made. The following community property must all be divided:
Distinguishing separate property from community property can become complex and often requires help from an experienced Thousand Oaks property division attorney.
Many people do not realize that debts acquired during the marriage must be divided equally as well. This can include the following:
When you look at that list, you may think, “Wait a minute, my spouse’s name is on the paperwork, not mine. How is it fair that I end up with part of the debt?”
Even if the debt is in your spouse’s name and not yours, it will be considered community property if it was acquired during the marriage.
If you suspect that your spouse is trying to hide community property assets during the divorce, you need to secure an attorney who can obtain all of the financial records related to your marriage as well as separate financial records your spouse may have. Your attorney may work with an accountant to comb through bank account statements, tax returns, county and state records, and more in an attempt to ensure you are being treated fairly.
When you are going through a divorce, you want to take steps to protect yourself. A Thousand Oaks property division attorney will understand this entire process and will ensure you are treated fairly. Property division can become complicated, but you can count on the team at the Law Offices of Stephanie L. Mahdavi to be by your side. Do not hesitate to secure legal assistance as soon as possible in the divorce process.
If you live in the Thousand Oaks or Southern Ventura County area and are going through a property division dispute, give The Law Offices of Stephanie L. Mahdavi a call. My legal professionals and I have an extensive record of success when it comes to fighting for what you legally are entitled to. We offer initial consultations to evaluate your case and devise a strategic plan of attack. We will put you in the best possible position for success and won’t quit fighting until you come out on top. You can contact us for a consultation by clicking here or calling 805-379-4550.