Family Law Property Division Attorney San Jose
Resolving Property Division Issues in California
When a husband and wife divorce, an important issue that must be resolved is property division. California is an equitable distribution state. This means that the marital property should be equally distributed between the parties. For the most part, any assets that each spouse brought into the marriage will not be part of the divorce property settlement.
A California divorce attorney from Capital Law Offices has years of expertise helping spouses who must divide their property in a divorce. Division of property matters are not always simple. There can be complexities that need to be presented to the judge in a manner that clearly puts forth your side of the case. We will convincingly present your viewpoint to the court regarding the property you wish to keep.
Marital and Non-marital Property
In California, marital property consists of all the things that were acquired during the marriage by either the husband or the wife, or both, and all items that were brought into the marriage and were then converted into marital property, including:
- Assets and liabilities acquired throughout the marriage, whether separately or jointly titled
- Gifts given by one spouse to the other
- Benefits, funds, and rights accrued during marriage, including retirement funds, profit sharing, pensions, insurance plans, and deferred compensation
Non-marital property includes:
- Assets obtained prior to the marriage
- Property specifically excluded by a written agreement between both spouses
- Any liabilities based upon unauthorized signatures of one party signing the name of the other
After determining the value of the property, the court will determine the equitable division of the property. The court begins the division with the idea that the division should be equal. This division may be unequal, depending on the length of the marriage, the spouses' contributions to the marriage, if there were interruptions to the husband or wife's education or career, and other factors.
We will use our expertise as skilled litigators and negotiators to secure a division of property that is fair and equitable for you.
If you have any questions or would like to schedule a FREE initial consultation with one of our experienced attorneys, please Contact Us online or call at (408)627-4898 today!