Divorce is tricky enough. Why add more problems into the mix? Just dealing with property rights is a big issue that divorcing couples must navigate. If it’s a messy divorce or if it’s one or both parties’ first time going through a divorce, dealing with the division of property is a big deal and a major stress.
Luckily, you don’t have to deal with the division of property rights on your own. A Family Law attorney can help you out significantly.
Here are a few things you should know about property rights during a divorce in the state of California:
Normally, Each Spouse Owns a Half of Their Shared Property
Although it isn’t an end all, be all decision since there are many factors to consider, often, property shared between a married couple is split exactly half and half. If one spouse believes they deserve more or a hundred percent of shared property, they may dispute it in the courtroom. Or, if the couple agrees that one of the spouses should receive all of a shared property, changing it to community property instead, they have the opportunity to make that agreement in a clear, written statement and present it in court.
Property Obtained After the Date of Separation is Separate Property
Any property that a spouse achieves prior the divorce but after the date one of the spouses wishes to end the marriage is no longer considered shared property but separate, or community, property. This is important to know as many divorcing spouses assume property obtained during the process of divorce is still shared until the couple is officially, 100% divorced.
Distinguishing Between Community Property and Shared Property Can Get Complicated
You’d think it’d be simple to divide property between spouses, but in reality, it can be very difficult. This is especially true if so-called “shared” property was a gift, if the property is used for one of the spouse’s business, or if one of the spouses received the property as inheritance, for instance. It can also get complicated if one of the spouses believes they deserve more of shared property than the other spouse, but there’s a disagreement between the spouses regarding this.
Although it can be complex and messy when it comes to understanding property rights and dividing property between a divorcing couple, not all hope is lost. A good quality divorce attorney can help.
If you live in Southern California and need help with a divorce, call Attorney Torrence L. Howell now at (909) 920-0908.