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Distinguishing marital and separate assets in California divorce

On Behalf of | Jan 3, 2023 | Divorce

While a marriage could fail anywhere and at any time, where a divorce is filed has an impact on how the divorce is handle and what decisions could be made. If you call California home, the laws of the state apply. This means that one of the most contentious issues, property division, is done in accordance with community property laws.

California property division

Community property states might seem like it is easier for divorcing couples to divide their marital property and assets; however, these matters can be just as complex as equitable property states.

At the Law Offices of Lynda Sheridan, our attorneys understand the complexities and emotions that enter the property division process. Thus, our law firm not only takes the time to locate and assess all property involved but also ensures that you understand your rights as a spouse and an individual in the matter.

Property not subject to division

While spouses may have used property and spent money in accounts equally, this does not mean everything must be divided. There are certain properties and assets that are not considered to be marital property, thus, are not subject to division.

In most cases, this includes the property owned prior to marriage, items that were gifted to just you, your inheritances and any damage rewards in a civil suit. While this might seem clear and simple, it is not always easy to make this distinction. As such, a legal professional can help you uncover all of your assets and determine what is marital property and what remains yours as separate property.

Whether you are arguing that certain property is deemed separate property, the value of property or the assets you seek to maintain, it is important to fully understand your rights and options. Working with an attorney can help ensure your rights are protected and interests are furthered.