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Dividing Property During Divorce

Denny Kershek Family Law Attorney is ready to assist you with any divorce-related matter, including property division. Before beginning the process, it is important to understand how division of property in divorce works in California. Keep reading for more information.

Community Property: Jointly Owned Unless Specifically Exempted

When getting divorced, the manner in which property is divided is largely dictated by state laws (if the couple has not reached an agreement on their own). California is one of only nine states using the community property model. This basically means that any property, assets and debts acquired during the marriage are considered jointly owned and therefore subject to division in divorce.

The presumption of community property can be challenged, but the spouse challenging it must show that the property/asset was at least one of the following:

Property and assets must be divided equally, and shared debts are similar. California law requires that debts be divided equitably when acquired during the marriage, provided that they were acquired for the benefit of the community.

The Three Steps To Dividing Property And Debts

Step one: Identify everything. Before they can be divided or even assessed, property and debts must be listed. The complexity of this task depends on the size of the marital estate and the diversity of assets to be catalogued.

Step two: Determine what is separate and what is shared. As noted above, most assets and debts will be considered community unless specifically challenged.

Step three: Valuation. How much is each piece of property and each asset worth? How much debt is there to divide? Not all assets will be individually divisible. By placing a value on each, one spouse can negotiate to keep all of a certain asset while trading away a financially equal asset to the other.

How Our Firm Can Help You

Working with a good divorce lawyer is essential. With over 36 years of experience, Denny Kershek understands how property can quickly and accurately be inventoried, categorized and valued. Our firm also works with forensic accountants on particularly complex estates, when necessary.

We will take the time to understand which assets are most important to you and will engage in property division negotiations with those goals in mind.

Contact Us To Speak With A Family Law Attorney For Free

With an office in Poway, Denny Kershek Family Law Attorney serves clients in San Diego County and surrounding areas. We are pleased to offer free initial consultations to all prospective clients. To learn more, call us at 619-908-1899 or send us an email.