When going through a divorce in California, one of the most contested issues is property division. California is a community property state, which means that marital assets and debts are typically split equally between both spouses. However, the process is not always straightforward and understanding how property division works in California can help you better prepare for what to expect. At Kendall Gkikas & Mitchell, LLP, our experienced divorce attorneys are here to guide you through the property division process. Keep reading to learn more about how property division is handled and how a divorce attorney in Etiwanda CA can help.
Community Property vs. Separate Property
In California, there is a difference between community property and separate property during a divorce. Community property includes assets and debts acquired by either spouse during the marriage. This means everything from bank accounts to homes, cars, and even debt is considered jointly owned. In a divorce, community property is typically divided equally between the spouses.
On the other hand, separate property refers to assets and debts that belong to only one spouse. This may include items acquired before the marriage, inheritances, or gifts received by one spouse during the marriage. Separate property is not subject to division in a divorce, but proving which assets are separate can sometimes be complicated. That is why you need to work with a skilled divorce attorney to make sure that your financial interests are protected.
What Happens to the Family Home?
One of the biggest issues in a divorce is often the family home. Deciding what happens to the home can be difficult, especially if both spouses wish to keep it. In some cases, the home may be sold, and the proceeds divided equally between both parties. Alternatively, one spouse may choose to buy out the other’s share of the home. If you have children, the court may prioritize keeping them in the family home, which could influence how the home is divided. No matter what your circumstances are, it’s essential to have an experienced divorce attorney in Etiwanda CA advocating for your interests.
Handling Debts in a California Divorce
Just as community assets are divided in a divorce, so are community debts. This can include credit card debt, mortgages, car loans, and more. It’s important to note that both spouses are responsible for debts incurred during the marriage, regardless of who made the purchases or signed the contracts. However, debts classified as separate—such as those incurred before the marriage—will remain the responsibility of the spouse who acquired them. A skilled divorce attorney can help you navigate the division of debts to ensure that you are not unfairly burdened by your ex-spouse’s financial obligations.
Contact Kendall Gkikas & Mitchell, LLP for Help with Property Division in Etiwanda CA
Property division is one of the most important aspects of a divorce. At Kendall Gkikas & Mitchell, LLP, we have the experience and expertise needed to guide you through the process and ensure that your property is divided fairly. Whether you’re concerned about the division of assets, debts, or potential hidden property, our team is here to help. Contact us today at 909-482-1422 to schedule a consultation with a divorce attorney in Etiwanda CA.
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