Skip to content

CATEGORIES

Division of Property

Categories

Will My Inheritance Be Split 50/50 When I Get Divorced?

Can one spouse claim rights to another spouse’s inheritance during a divorce? In some cases, the inheritance was received during the marriage. In others, the inheritance may have entered the marriage with one spouse and later got mixed in with the couple’s other marital assets. Consider these common legal scenarios that can arise when inheritance is an issue during an Orange County California divorce.  Generally speaking, inheritances are not subject to equitable distribution. By law, an inheritance is not considered marital property. Inheritances are treated as separate property or property belonging only to the spouse who received the inheritance. Since…

READ MORE

Does an Orange County California Divorce Court Treat Debt and Property Equally?

Are you filing for divorce in Orange County, California? If so, you probably wonder how California divides property in divorce cases. In almost every case, a divorce case involves the division of property. The division of property in divorce includes both real property and personal property. Real property refers to real estate like houses, rental properties, commercial properties, land, timeshares, etc. Personal property refers to all other property that does not qualify as real property. Personal property’s broad definition surprises some people facing divorce. When asked, most assume personal property refers to household items like furniture, appliances, personal items, etc….

READ MORE

Can You or Your Spouse Sell Your Community Property Home During Your Divorce?

Should you sell your house during a divorce? Is it better to wait and sell it after the divorce? Can you sell your home during your divorce, or do you have to wait until the divorce is final? Can your spouse sell your house during a divorce? There is no right or wrong answer to when you should sell your home during a California divorce. There are a lot of variables to consider before making the final decision, including the underlying financial situation, tax implications, and the state of the real estate market. How much money would you make if…

READ MORE

California Divorce: Community Property Tracing Issues

Tracings are used to clarify what each spouse’s share of a marriage’s community property. In some cases, California law may require tracings. One scenario that commonly requires tracing is when commingled cash or assets were used to purchase property during the marriage. A commingled purchase is a transaction that was made using some separate property funds or assets and some community property funds or assets.  Tracing Issues in Orange County, California Divorce:  Tracing may be used to characterize a marital asset as either community or separate property for the division of assets. Tracing determines community or separate property attributes of…

READ MORE

Property Is Not Always Split 50/50 in a California Divorce

Many married couples approach life as partners. They work hard through years of married partnership, reaching for financial goals together. Some buy their dream house, build a substantial nest-egg for their retirement, and maybe even save up and indulge in other valuable items. When these couples find themselves facing a divorce, they usually have a lot of questions about California community property law and how California divides assets and liabilities during a divorce. Most importantly, they wonder if the property is always split 50/50 during an Orange County, California divorce. Before discussing a definitive answer to the question, it’s important…

READ MORE

Typical California Divorce Settlements about the Family Home

Your home is your castle, and this mindset is never more evident than when a divorce leaves a couple arguing about who gets the family home. In many cases, it’s where a couple raised their family. During happier times, it was probably a sanctuary of peace and security. The high emotional value can cause all parties involved to respond more dramatically when it’s time to divide the marital assets. Typical Divorce Settlements About the Family Home: Most divorced couples do not wish to continue to own a home together. (This does happen in some cases. It is called a deferred…

READ MORE

Financial Fraud in California Divorce: Dividing the Assets

One of the most common disputes during California divorce is the division of assets. Some cases involve significant assets. Other cases involve substantial debt. Other cases may involve a shared business that both parties feel they have earned the right to retain. Regardless of what assets/liabilities a couple has built during their marriage, they are expected to offer full disclosure of assets and liabilities during the preliminary hearings. Once the divorce is finalized, the information provided during the preliminary hearings is used to divide marital assets, so each party receives their fair share in the divorce settlement. In most cases,…

READ MORE

Can One Spouse Sell Community Property Before the Divorce is Final?

The division of property is one of the essential elements of the divorce process. The first step is classifying the property by type, which defines how it is handled during the division of property. Properties are typically considered either separate property or marital property. (In some cases, there may also be what is called divisible property which is a category used for income-producing properties or properties that change in value after the divorcing couple separates). Division of Assets: Separate Property Separate property refers to property that is owned by one of the spouses before their marriage. This category can also…

READ MORE

What Happens to an Injury Settlement When a Couple Gets Divorced?

Have you recently been involved in extensive litigation? Are you now worried that you are facing a divorce? Has your spouse already filed? Are you planning to file for a California divorce? What happens to an injury settlement in a divorce? Is the injury settlement considered a marital asset? Will your injury settlement be included in the division of assets? It happens all too often – as soon as an individual makes it through litigation for a personal injury case, and the settlement is on the horizon, they discover their spouse is filing for divorce. A personal injury can put…

READ MORE

How to Sell Your Home During Divorce

Selling a home is always a significant undertaking. When you need to sell your home during a divorce, it’s easy to be overwhelmed by the potentially severe financial consequences. It is a daunting task. Before you sell your home during a divorce, know the basic concepts of ownership, tax liability, division of assets during California divorce, and how to decide when it’s time to sell. Defining and Establishing Ownership: California follows property law standards, so each party equally owns all property obtained during a marriage, regardless of what name is on the deed. A property purchased by one party, but…

READ MORE
lawyer-com-premium-full-2
top-10-full
Ten-Best-full-2
Top Orange County Family Law Attorney
Top Orange County Divorce Lawyer
Best Orange County Family Law Attorney
Top Orange County Divorce Lawyer
top-100-full
Schedule a consultation