Division of Property

Orange County ◦ Riverside County Division of Property Attorney

Division of property is one of the most fundamental aspects of every divorce. A final divorce decree must specify who emerges from the marriage with ownership of the house, the car, the boat, the vacation home, stocks and bank accounts.

Discuss your property division concerns with an experienced divorce lawyer. Contact The Maggio Law Firm.

Equitable Distribution of Assets

An equal fifty-fifty division of marital property is rare. Rather, a fair division of the marital estate will usually consider such factors as the length of the marriage, assets that each spouse brought into the marriage, the existence of any community property obtained jointly during the marriage, respective incomes and wage-earning capacity.

Full Financial Disclosure

Part of the process of divorce is to obtain a full financial disclosure — under penalty of perjury — of the assets owned by both spouses. Property division may be more complex in some cases than others. When, for example, either or both spouses own a business, a formal business valuation is crucial. The Maggio Law Firm works with forensic accountants to compile an accurate total financial picture.

Settlement Negotiations

Once a full accounting is complete, the parties can negotiate. We often counsel our clients who are in the process of divorce that, aside from monetary assets, marital property typically cannot be cut in half. One person will take sole ownership of one piece of property in exchange for other assets of similar value, such as stocks, pensions or retirement accounts.

A Levelheaded Approach

Some clients of The Maggio Law Firm state a desire to relinquish everything in order to get a divorce finished quickly. A divorce attorney is a valuable levelheaded ally and advocate who can advise you on ways to protect your rights while moving expeditiously toward a satisfactory divorce settlement.

A Customized Solution Takes into Account the Unique Aspects of a Family

In property division matters, as in all aspects and phases of a divorce, a customized solution that takes into account the unique aspects of a particular marriage and divorce is a worthwhile goal. To discuss division of property and marital debt in your California divorce, contact The Maggio Law Firm.