Property Rights

During the divorce process, all of a couple’s marital property must be accounted for and distributed equally. However, it can be very difficult for divorcing spouses to amicably reach decisions regarding their property. Feelings of anger, resentment, and animosity can make the distribution process contentious, stressful, and overwhelming. That’s why it’s important for any person going through the divorce process to hire a different lawyer than the spouse has hired. By hiring an attorney to represent your best interest, you will ensure that your desires will be acknowledged and fought for in negotiations and in the courtroom. 

Because California is a community property state, when a couple decides to divorce, all of their marital property must be divided equally—50/50. In order to make this process easier, all property will be classified as either separate property or community property.

Community property refers to any income, assets, debt, or property that was acquired, earned, or purchased during the course of the marriage. Unless a prenuptial or post-nuptial agreement stating otherwise was negotiated and signed, all community property is subject to equal division and distribution, regardless whose name is on the deed or title. Examples of community property in California include:

• Real estate
• Pensions
• 401k
• Retirement plans
• Benefit plans
• Interest accumulated on investments, pensions, benefits, bank accounts, etc.
• Money
• Bank accounts
• Businesses
• Stocks
• Investments
• Time shares
• Automobiles
• Jewelry
• Furniture
• Debt
• Loans

Separate property refers to any income, debt, assets, or property that was acquired either before the marriage or after a separation/divorce. In addition, any money or property that was gifted to only one spouse during the course of the marriage, such as inheritances, gifts, or punitive damages, are also considered separate property.  Under California law, separate property is confirmed to the spouse who owns it; it is not divided.

It’s important to note that when separate property mixes with community property, it can then become eligible for division and distribution. For example, if one spouse owned a business before the marriage, but continued to operate the business during the course of the marriage, any money or interest that was made by the business during the marriage may be subject to equal distribution, even though the business originally belonged to only one spouse. If you have any questions about mixed property, we can help answer your questions and clarify your concerns.

Contact the Premier California Property Rights Lawyers
If you are going through the divorce process, it’s important to hire attorneys who have experience handling complex property division issues in California. A knowledgeable attorney can evaluate your property and estate, and help you make informed decisions about the division of your property. Furthermore, an aggressive attorney can protect your best interest, and ensure that your right to your half of your property is respected.

At Diamond Law Firm, we have the experience to confidently guide you through this stage of the divorce process, and fight to ensure that you receive a fair share of your marital property. We know this can be an emotionally difficult and stressful time, and that’s why we work relentlessly to ensure the property distribution process does not get drawn out in a contested divorce battle. Most importantly, we are committed to being your advocate in the courtroom when negotiations fail, and helping you reach a fair result.

To speak with an aggressive and experienced California property rights attorney, please contact Diamond Law Firm at (800) 750-4888. We represent clients in Encino, Los Angeles, Beverly Hills, the San Fernando Valley and throughout Los Angeles County.