Property Division Lawyer in Upland
Helping Spouses Split Marital Property in California
Going through a divorce can cause emotional and financial distress. The longer the process takes, the higher the chance that all parties involved, including children, will face negative consequences. Perhaps the most difficult part of divorce, asset division can take the longest to negotiate and cause the most damage. At Deccan Law, our attorney understands these factors as well as client concerns and will help you make this process as smooth as possible.
To learn more about how we can help, contact our firm at (562) 454-0109 today.
California is a community property state. This means that all debts and assets acquired during a marriage are subject to property division during divorce. Either spouse can dispute the status of a particular item by presenting strong evidence that supports their claim. For example, the couple may have an existing pre- or post-nuptial agreement that details how marital assets are to be distributed between parties.
Sometimes assets that start out as separate property may become community property during divorce. For example, if one party bought a house before the marriage, but allowed the other to make mortgage payments with their income, the state could consider this a marital home and divide it accordingly.
Dividing Marital Debt
Divorcing spouses must each complete a form known as a Schedule of Assets and Debts. This form discloses all property and liabilities each party has in case either attempts to hide certain items from the court. The form also helps the court divide marital debt in a fair manner. In many cases, debt can be divided right down the middle with each spouse taking on their fair share of the financial responsibility. However, creditors are under no legal requirement to honor these arrangements and can seek payment of debts from the other spouse if the party responsible for the debt refuses to pay.
In an attempt to avoid problems with debt repayment, some couples agree to pay them off by selling community property. Additionally, the spouse who takes on any marital credit card debt can secure a new credit card solely in their name and transfer their existing debt to that card.
If a party incurs debts after separating, but before the divorce process is complete, they may be solely responsible for paying this amount back. However, if the party used this debt to pay for expenses related to their daily life or to care for their children, the court might require both parties to pay it off.
How the Court Divides Property
If both parties are having trouble agreeing on how debts and assets should be divided, the court will step in and make these decisions on their behalf.
When the court divides martial property, they do so by considering the following factors:
- The income level of each party
- Whether either party abandoned the marriage before beginning or divorce process or not
- Who has made the most investment in an item
- If there are minor children involved
Since each divorce case is as different as the couples involved, the factors surrounding property division will be unique to each case. Our attorney can help you determine the best course for dividing your marital property based on your marital situation
Providing Skilled & Sound Legal Services
If you and your spouse have been considering a divorce and you are not sure how to divide your marital property and debts, our attorney can help you. We provide all our clients with legal advice and guidance that would provide them a positive outcome to their situation.
“He was extremely patient and helpful throughout the whole process”- Melinda L.
“Deccan Law helped me through a very difficult time not only with the legalities, forms and necessary actions but was also very ...”- Deborah A.
“He covered everything we were worried about and more and now we can sleep stress free at night.”- Corey R.