Santa Barbara Property Division Attorney
Property division can be one of the most heated topics related to divorce. No matter what the duration of the marriage, it is important that property is divided fairly. This can become difficult, particularly in cases involving long marriages or when the history of the assets is complex.
All property acquired during a marriage is presumed to be community property, this includes the earnings of each spouse during the marriage. The court divides community property in an equitable, though not necessarily equal way. California law will take the following into consideration:
- Buildings (homes, apartments, vacation or commercial property)
- Jewelry and home furnishings
- Cars, motorcycles, RV’s, boats and airplanes
- Stock options, bonds, and share certificates
- Retirement plans
- Intellectual property proceeds
At the Law Offices of Michelle Evans, we have extensive experience in property division matters. We will work to achieve a fair and practical solution that enables you to move forward with your life. Often we incorporate forensic accountants, business valuation professionals, estate planners, and other financial experts to help you achieve the strongest financial position possible.
Complex Divorce Issues and Complicated Property Division
California follows a community property division of marital assets, which determines how family assets were acquired during the marriage will be divided upon divorce. For example, community property division decides who gets the house or the business, who can stay in the family home with the children, who gets which car, the life insurance policy, pension funds, profit sharing plans and stocks, and even who will be responsible for certain debts, such as IRS tax debts and credit card debt.
The key to a successful division of community property in your favor is the proper valuation of community property. Almost every asset and debt obtained within the scope of the marriage will be independently valued and subject to community property division. Separate property interests, whether kept separate by contract or individually owned premarital property, will not be considered community property. Valuation of the family business, property and real estate, valuable personal property such as antique collections, and other real and tangible property may impact the amount of spousal support that will be due.
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Start with a Discrete, Confidential, and Free Consultation
Dividing property during a divorce can be complicated. In certain cases, one spouse may have hidden assets. We can assist clients in even the most complex marital property issues. We invite you to schedule a free confidential consultation with an experienced attorney by calling us at 805-