Escondido Division of Property Attorney

California is a Community Property State

Under California law, community property is any income made or asset obtained by someone who is married while living with their spouse.  Separate property is any property obtained by a spouse before the marriage, or during the course of the marriage that was a gift or inherited.  As a community property state, all debt, property, and assets obtained during the marriage are split "50/50" by the court, unless the court determines equal division is unfair.  Under the law, the property divided does not have to be of the same kind, just that the value of the property received be equal.  One spouse may receive the car and the family business.  The other may be given the family home.  If the value of the property received is equal, then the division or property is considered fair

Escondido, Oceanside, and surrounding areas  Division of Property Lawyer

 If the spouses do agree on how the property is to be divided, they will both sign a Marital Settlement Agreement that lays out the terms of the agreement.  Unfortunately, division of marital property is often an emotional issue, creating hostility and upset between both parties, and preventing an equitable agreement.  In these instances, the matter needs to be litigated in front of a judge.  It is important that an attorney experienced in litigation be hired to help resolve this division of property issues.  I am Attorney Gordon Meyer, a Northeast San Diego County divorce attorney representing clients in Oceanside, Escondido, Carlsbad, Encinitas & San Marcos.  As a certified family law attorney with 38 years of experience,   I  would be happy to meet with you to discuss your marital property concerns.

Contact a Escondido Division of Property Attorney today to answer your question about division of your marital property.