Del Mar and San Diego Property Division Lawyer

There are two primary components to property division. The first is characterizing property as either community property, separate property or quasi-community property. The second is valuing and dividing the community property and quasi-community property according to California law. At the Adryenn Cantor, CFLS, AAML, Partner HCP, we have almost 40 years of experience that we will put into action to protect you and your property and make sure this is done properly.

Separate Property Vs. Community Property

Separate property is property that is not required to be divided in a divorce. It is property that belongs solely to one spouse or the other, including property possessed prior to marriage and property inherited during the marriage, assuming it was not so commingled as to lose this characterization. Community property is subject to property division. Essentially, it is any property that has been acquired during the course of the marriage.

Sometimes, the line between separate property and community property blurs. For example, a house may have been purchased prior to the marriage, but payments may have been made during the marriage. This is where it becomes all the more important to have an experienced lawyer by your side. We have the depth of knowledge necessary to make certain that all property is properly characterized, including homes, businesses, collections, bank accounts and retirement accounts.

Division of Marital Assets

The marital estate is made up of assets and debts acquired from the date of marriage to the date of separation. Even if the divorce is not finalized for months or years after the date of separation, anything acquired after that date belongs to the spouse who acquired it. California is an equal division state, meaning that the community property that makes up the marital estate will be valued and then divided equally between the spouses.

Free Consultation — San Diego Division of Marital Assets Attorney

To schedule a free personal consultation with a Del Mar property division attorney, call us at 619-798-9708 or contact us via e-mail.