Orange County Property Division Attorney

Helping Clients Get a Favorable Result When Dividing the Marital Estate

During the divorce proceeding, many critical decisions must be made, including how to divide the finances between the two individuals. This question frequently becomes contentious as each person believes they are entitled to certain assets in the marital estate. It is critical to have a skilled divorce attorney who can help you and your spouse divide the marital assets in a way that does not risk your future financial well-being.

A lawyer can help inventory the estate, including bank accounts, retirement benefits, marital homes, vehicles, investments, and other valuable assets. They can also help ensure that your prenuptial agreement is honored and that a judge is aware of any details that would affect the property division during your divorce. With an experienced property division lawyer on your side, you can rest assured that someone with a great depth of legal knowledge will be watching out for you.

At The Bledsoe Firm, we have handled many complex Orange County divorces during our 26 years of practice. We understand the importance of achieving a fair distribution when dividing marital assets, and we will work tirelessly to get you the most favorable results possible. When you are facing divorce, the division of property should not be overlooked. Start today to work for equitable distribution in your divorce by calling 949-889-1227 and discussing your case with our talented legal team.

How is Property Divided in a California Divorce?

One of the most critical decisions that will affect your financial future is achieving equal distribution of marital property during a divorce. Divorcing spouses have options when deciding how to divide the marital estate: they may come up with an agreement through mediation or rely on a judge to give a legally binding court order.

How you work through this challenging issue in your divorce depends on you and your spouse and your willingness to cooperate with each other. In some marriages, for example, the narcissistic characteristics of one spouse can undermine the discussion and necessitate court intervention. Reach out to our law firm today for the legal counsel and emotional support you need to resolve the division of marital assets.

Mediation

Resolving questions of property division and other issues during a divorce can be achieved in many instances through mediation. This process involves the divorcing couple meeting together or separately with their lawyers to negotiate the equal distribution of the marital estate. Couples who find solutions through mediation often experience lasting satisfaction and avoid the bitterness that comes with a court battle. However, if you are in an abusive relationship, mediation may not be for you.

Court Order

If mediation fails, you may need the help of a judge to make a legally binding court order. A judge will assess the various aspects of your marriage, your child custody agreement, the marital lifestyle, the nature of the assets, each spouse’s health and income earning ability, and whether items are separate property when making a decision. California law differs from many other states because it follows a strict 50/50 split rather than equitable distribution. A judge will determine how to divide the assets in your unique case so that each spouse will have a fair chance at enjoying financial stability and a lifestyle similar to what they had during the marriage.

What Items Count as Community Property in California?

Whether you are working out property division in mediation or in court, you should understand California law regarding community property and know what will be considered separate property during your divorce.

Separate Property

Some items are considered not to be a part of the marital estate in California. These are known as separate property and will remain in the possession of the individual who owned them prior to or during the marriage. Some examples of separate properties include:

A home, business, or other properties owned by the individual before the marriage took place
An inheritance obtained from the individual’s blood relatives
A gift received by one spouse

Community Property

Community property will be subject to division during a divorce. These items may include possessions owned by one spouse before the marriage but which increased in value due to the other spouse’s participation, such as a business that grew in value because one spouse tended to the home and children while the other worked at the company.

Some other items that would typically be considered community property in Orange County include:

A family business
Marital assets of non-liquid character that resulted from the efforts of both spouses
The marital home
Shared bank accounts
Properties purchased by both partners or spouses
Expensive items such as artwork, investments, or vehicles
Retirement funds

Even within these categories, a skilled lawyer may be able to argue that the item should either be considered separate or communal due to your unique circumstances. This includes debt owned by one or both spouses, hidden assets, and inheritance rights. Contact our legal team right away to be sure you obtain your ideal future financial circumstances.

How Can a Prenup Help with Property Division?

One legal document that can make property division easier is the prenuptial agreement. This important document outlines how the marital estate will be divided in case of a divorce and is a popular method of protecting spouses in Orange County, especially in high-asset divorces.

The prenup must be created according to California law to be legally valid. It cannot include illegal statements such as provisions for child support, which comes under the court’s jurisdiction. Marital assets are permissible in the prenuptial agreement, however. For help creating or enforcing a prenup in Orange County, reach out to our compassionate team of legal professionals today.

How Can I Protect Myself During Asset Division in My California Divorce?

With your financial future at stake, it is essential to understand how to legally protect yourself when divorcing in California. Thankfully, you are not totally at the mercy of the state when it comes to the division of marital property. You can protect yourself by following a few simple steps, including hiring a talented property division attorney to give you the legal counsel and representation you need at this difficult time.

Some ways you can protect your assets during the division of marital property in your Orange County divorce include:

Inventorying your assets to determine what items might be considered separate or communal property
Having your assets appraised by a professional to determine the worth of each item, including the marital home, your cars, retirement plans, businesses, artwork, furniture, and other items of value
Gathering critical legal documents, such as bank statements, tax forms, and W-2 forms
Avoiding hiding assets from your spouse, even though it may be tempting to avoid disclosing certain communal assets. This could jeopardize a favorable ruling, so you should be transparent in recording all assets.
Utilizing your prenuptial agreement with the help of a property division attorney
Seeking legal counsel from a trusted legal representative to make sure no stone is unturned when protecting your valuable assets

Should You Hire Our Property Division Attorney?

Proving ownership and seeking a fair distribution of assets during your divorce can have a significant impact on your financial well-being. You deserve excellent help to achieve your goals and ensure you get the treatment you deserve, either in mediation or in court. Our law office proudly represents individuals seeking justice during property division and has gotten positive results on behalf of countless clients in our nearly three decades of family law practice.

When you are facing divorce, you want a lawyer who will listen carefully to your concerns, not someone who will treat you as a mere case number. Our legal team will stay in close contact with you to communicate what is going on at every step of the divorce process. We promise to explain your options carefully in plain terms so you can understand how to proceed during property division. We can also help you understand the tax consequences of property division to minimize the taxes you are required to pay.

Call today to schedule a consultation and discuss your unique situation with our caring, capable legal team by dialing 949-889-1227.