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Family Law

Distribution of Property and Property Rights

Generally there are two types of marital property, community property and separate property. California is a community property state. This means that divorcing couples are required to equally divide assets and debts acquired during their marriage. Separate property is acquired before the marriage, after the date of separation, or by gift or inheritance. When dividing property, the court weighs factors such as value, debt, separate property rights, and rights to reimbursement.

At The Law Offices of Thomas & Associates, we use the requisite professionals (appraisers, evaluators, (forensic) accountants, tax experts, and other experts) to establish the value of all assets and debts. We have the experience and skill to handle property division involving significant assets, businesses, multiple properties and self-employed independent contractors. We help clients divide all property acquired during the marriage, including real property, vehicles, bank and investment accounts, retirement and 401K plans, businesses and debts. We also have the experience to assist in complex property division matters involving business assets, intangible assets, hidden assets, pension assets, and fraudulent representation of assets.

Divorcing parties must reach an agreement on property division issues or the matter will go to court and a judge will decide the issues. We assist our clients in obtaining fair settlements. However, if a case goes to court, we litigate aggressively on our clients' behalf, developing strong arguments that protect their property rights.

If you are facing a divorce and are concerned about your property rights, we invite you to contact the family division of our California law firm today for a knowledgeable and objective legal opinion.

California is a community property state. In California, community property is defined as all property, both real and personal, which a married person living in the state acquires during the marriage. This includes property that is located outside the state as well as within the state. How the property is titled does not matter. There is also a presumption, regardless of who earns income, that income acquired during the marriage is considered part of the marital community estate.
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Along with issues involving child custody and visitation, property division in divorce can be highly contentious. Even when the parties express a willingness to achieve a negotiated settlement, the complexity of unraveling personal and business assets can provide great challenges for the lawyers on both sides.

For a complimentary consultation regarding California property settlement laws, contact us at 877-479-7970, or e-mail us at info@law-thomas.com.