Property Division Attorneys in Carlsbad

How Is Property Divided in CA?

When it comes to protecting assets and guarding rightful property, Beringer Law Firm offers aggressive legal counsel for our clients. Navigating the challenges of dividing property during a divorce adds another layer of stress to an already contentious situation. That’s why our attorneys provide personalized attention and care to make this process as smooth as possible.

When clients call or visit us, they are typically concerned with what property they are entitled to, what their former spouse is likely to receive, and where inheritance and family heirlooms will go. While every case is different, we can begin to dive into the basics of California law during an initial consultation. Once we retain you as a client, we provide a thorough breakdown of assets and help you understand what to fight for.

Community Property Division Following Divorce

Under California Family Code Section 2500, property division after a divorce is based on the idea of community property. Community property means that property, income, debts, and assets procured by either spouse during the marriage are considered to be owned by both of them until the end of the relationship. In contrast, a person is typically entitled to keep their separate property, or that acquired before the marriage began.

Examples of assets that are considered to be community property include:

• Automobiles
• Bank accounts
• Businesses
• Cash
• Furniture
• Homes or apartments
• Pension plans
• Retirement plans
• Stocks

During a property division case, it is the responsibility of the spouse challenging ownership of the community property to show evidence that the belongings should actually be considered as separate property. That is where we come in – our team of attorneys can help you fight for what is rightfully yours. In instances where there are unclear or incomplete records of financial statements, we can retain a forensic accountant to fully value assets.