Montebello Property Division Attorney
Community Property and Separate Property
In divorce and legal separation, California is a community property state. The spouses are entitled to an equal share of the debts and assets that were acquired during the term of the marriage. This means that one-half of the debts and the property acquired during the marriage (from the date of the wedding to the date of separation) goes to each partner. Property division and child custody are the two areas which are most contested during
divorce and in
legal separations. Even the duration of the marriage can become a subject of dispute as the amount of property to be divided can be very different depending upon when the separation actually occurred. Talk to a
Montebello divorce attorney about protecting your rights and those of your family in dividing community property.
Divorce Lawyer in Montebello, CA
Once the separation date is established, the next step is to assist in determining issues involving separate property and community property. Any property owned by one person before the marriage is considered separate property, but can be later deemed by the court to be community property (or partially community property) under certain circumstances. Gifts and inheritances are also considered separate property unless they are given to both spouses. Debts owned by one spouse prior to the marriage are also separate property. Debts acquired during the time of the marriage are community property and will also be divided equally. Disputes sometimes occur over items which have sentimental value. In some cases, property just disappears or its existence is denied. An experienced property division lawyer at our firm has the resources needed to aggressively work to trace hidden assets to maximize our client's recovery of community property.
Items which can be overlooked during the division of property include vacation pay, frequent flyer miles, year-end profit sharing, tax and other refunds, and tax consequences if an asset is sold. Working with a knowledgeable family law lawyer at our firm can make a significant difference to the outcome of your case. Call The Law Offices of Beatriz A. Pelayo-Garcia, APC for an initial consultation.
If you have questions about community or separate property, contact a Montebello property division attorney