San Jose Property Division Attorneys

Property division is one of the most contested issues that you will face in your divorce. Even if you think you will have an amicable divorce, differences of opinion on how the property will be divided can lead to drawn-out legal battles. It is important to have an attorney by your side to make the process run smoothly and ensure that you are receiving what you are entitled to under California law.

California is a community property state. Being a community property state means that most property acquired during the marriage is divided 50/50 in the event of a divorce.

Ready to discuss your property division case? Contact a San Jose property division attorney for a free consultation. Call now at (408) 676-1814 or reach out online to get started.

Understanding Marital vs. Separate Property in California

There are two categories of property in a divorce: Marital and Separate. It is important to determine what property falls into which category, because only marital property is divided in the divorce. Separate property does not need to be divided — it belongs to one party or the other.

• Marital property is most property that the parties acquired during the marriage. Debts and assets are considered marital property and will be divided in the divorce. It is irrelevant which spouse actually acquired the property or the debt if it is marital property. Any marital property that was acquired during the marriage but is located outside of California is also considered marital property during the divorce.
• Separate property is any property that was either: 1) acquired before the marriage, 2) inherited, or 3) gifted to you individually. If property that was originally separate is later commingled with marital property, it may be considered marital property. For example, if you receive an inheritance but then use the inherited money to renovate your family home, the inheritance may no longer be categorized as separate property. Additionally, separate property includes any property acquired after a legal separation is in place.

You can take legal action during or before your marriage to change property from marital to separate or from separate to marital. Separate property can be transformed into marital property through the recording of a title change. Additionally, parties can also make property designations in a prenuptial or postnuptial agreement. The agreement should be written and signed to be valid.

It can be difficult to uncover what property is under your spouse's control. Your spouse may try to hide or spend assets during a divorce to avoid the division of the asset. It may be in your interest to talk to our San Jose property division attorney about hiring a forensic accountant who can track the marital assets.

Professional Valuation of Complex Assets

Determining the valuation of complex assets can be tricky and may require the help of professionals such as real estate experts, investigators, business valuators, and forensic accountants. Examples of complex property include stocks, retirement accounts, pensions, 401(k)s, bonds, businesses, and real estate. One joint expert may be hired or each spouse may hire their own expert.

Even for assets that appear simple on the surface, issues can arise. For example, if one spouse is buying the marital home from the other spouse and you agree upon the equity in the house, you still may have to consider whether the selling costs will be deducted and who is responsible for the taxes.

Factors that Impact Property Division in California

While California follows the community property system, there are factors that may affect how property is divided. The court may consider the following factors in its decision-making process:

• Spousal Misconduct: In California, spousal misconduct, such as infidelity or waste of marital assets, does not generally affect the division of property. However, if one spouse has been hiding assets or wasting community property, this may impact the final settlement.
• Health and Financial Status: The financial and health circumstances of both spouses may be considered in dividing property. For instance, if one spouse is in poor health and unable to support themselves, the court may award a larger share of the property to that spouse.
• Children and Custody Arrangements: If there are children involved, the custodial arrangement may affect property division. For example, if one parent is awarded primary custody of the children, the court may decide that parent should receive the family home or other assets to provide stability for the children.
• Length of Marriage: Longer marriages may result in a more equal division of property, while shorter marriages may lead to a division based more heavily on individual contributions to the marriage.

By working with a San Jose property division attorney, you gain the benefit of professional representation throughout the divorce process. Your lawyer can help you understand the law, prepare a strategy, and protect your financial future. 

Equitable Asset Division Strategies in San Jose

In California, you can divide an asset equally one of three ways: 1) in-kind division, 2) value division, and 3) sale and division.

1. To divide assets in-kind means that the property is divided physically in half without a sale. For example, if the property is publicly held stocks, each spouse could get half of the stock.
2. In a value division, you determine the value of the properties, divide the values, and then equalize. For instance, if the parties owned two houses, they would first determine the value of each home. Each spouse would keep one house, and then equalize the difference in value, meaning the spouse with the higher-valued house would owe the difference in value to the other spouse.
3. Sale and division mean that the parties sell the assets and then divide the proceeds equally.

California's No-Fault Divorce Impact on Property Division

California is a no-fault state. No-fault means that any bad conduct by either of the spouses is not a factor in the rule that all marital property is to be divided equally.

Contact San Jose's Trusted Property Division Attorneys

Navigating property division in California can be difficult, especially if there are complex assets or substantial wealth involved. Working with an experienced San Jose property division lawyer can help ensure that your interests are represented and that the division of property is handled fairly. Whether you are seeking to protect your assets or ensure a fair division of community property, a skilled lawyer can provide the guidance and advocacy needed to achieve a successful outcome.

To speak to one of our San Jose property division lawyers here at Moreno Family Law Firm, contact us online or give us a call today.