Property Division

Sacramento Property Division Attorney

Serving Clients Throughout the Central Valley

As you work through the process of getting a divorce, you will have to deal with a number of important issues that will impact your future. One of these issues is property division. Our firm understands that this is a difficult topic to face, but it is one that requires your full attention. We are here to help make the process as easy as possible for you.

We understand that you have a life and a business to run. That is why we offer flexible hours so you can meet with us when it is convenient for you. We are here to help you through this process and make sure you get the best possible outcome.

Schedule your consultation with our Sacramento property division attorney by calling (916) 507-2264 or filling out our online form.

How Is Property Divided in California?

California has a community property system, which means that all property, assets, and debts acquired during the marriage will be divided in a divorce. There are a few exceptions, such as separate property and some gifts and inheritances.

In a divorce, the court will divide all marital property in a fair and equitable manner. In other words, the court will try to divide up the property in a way that is fair to both parties. This means that the court will not necessarily divide up property in 50/50 shares, but will take into account many factors, such as:

  • The contribution of each spouse to the acquisition of the property
  • The value of each spouse's property
  • Whether one spouse's needs will be taken care of by their own property
  • Whether the spouses' careers will impact their ability to earn income
  • The tax effects of the division

The court will try to divide up property in a way that is fair to both spouses, but ultimately the judge has a great deal of discretion to reach the decision that is in the best interest of all involved. Because of this, the outcome of property division is difficult to predict. We can help you understand how property will be divided in your divorce and help you plan for the future.

What Types of Property Are Considered?

Marital property is all property acquired during the marriage, except for separate property. Separate property is property that was owned before the marriage by either spouse, property that was received as a gift or inheritance during the marriage, and property that was earned during the marriage but was not due to the efforts of either spouse (for example, income earned by a professional athlete).

Property that is considered marital includes the following:

  • Real property (real estate)
  • Personal property (everything else)
  • Debts

This includes all assets and debts, whether tangible (property and financial accounts) or intangible (debts), acquired during the marriage. The court will take all of these factors into account when dividing up a couple's assets in a divorce.

What About the Home?

One of the most significant marital assets is the marital home. In many cases, the home will need to be sold, and the proceeds will be used to pay off the mortgage as well as other marital debts and assets. The court will also take into account any one spouse's separate property (such as a 401(k)) when dividing up the marital property. The outcome of property division will depend on many different factors, such as how long the couple was married and how the property is owned (jointly or by one spouse).

If the divorce is not contested (and there are no other issues besides property division), the judge may grant a divorce based on the declarations submitted by the couple. In this case, the divorce will be granted more quickly, without the need for a trial. If the divorce is contested (that is, the couple cannot agree on all the details of property division), then the judge will have to make a decision based on the evidence presented at trial.

How Can Our Sacramento Property Division Attorney Help You?

Divorce is a difficult process, but it does not have to be stressful for you. We can help you through every step of the process, from asset identification and valuation to property settlement and more. We can also help you plan for the future and make sure you are taking care of your own interests.

We can help you deal with all aspects of property division, including:

  • Identifying and valuing all marital assets
  • Negotiating a fair property settlement
  • Preparing the necessary documents to transfer ownership

We can also help you plan for the future. You may not know exactly how your future will look, but we can help you make sure that you are prepared for the possibilities. We can help you plan for retirement and make sure you are taking care of your own interests. We can also help you plan for the possibility of a future divorce, by drawing up a marital settlement agreement.

We put our clients’ best interests first. Don’t wait for the honest legal advice you deserve. Call (916) 507-2264 or contact us online to request your consultation with a Sacramento property division lawyer.

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