Understanding property rights during a divorce in California is crucial, as it sets the stage for how assets and debts will be divided between the parties. California’s community property laws require a fair division, but what’s fair can often be complicated. The skilled attorneys at Kendall Gkikas & Mitchell, LLP in Claremont CA are experts in navigating these complexities. With 31 years of experience, we can ensure that your property rights are protected throughout the divorce process.
Community Property Law in California
California is a community property state, which fundamentally means that any assets or debts acquired by either spouse during the marriage are considered jointly owned and must be divided equally upon divorce. This includes wages earned by either spouse, property bought with those wages, and debts incurred during the marriage. However, there are exceptions to this rule, which can affect the division of assets.
Separate vs. Community Property
There are three different types of property under California law: separate, community, and comingled.
Separate Property includes any assets owned by one spouse before the marriage, gifts or inheritances received by one spouse during the marriage. Separate property remains with the original owner post-divorce.
Community Property is most of the property acquired during the marriage and must be divided equally. This includes the family home, cars, furniture, and income from employment.
Sometimes, separate property can become commingled with community property, complicating its classification. For example, if one spouse owns a home before the marriage but both spouses pay the mortgage after marrying, the house may be considered mixed property and determining how this gets divided can be tricky.
The Role of Prenuptial Agreements
Prenuptial agreements play a significant role in determining property rights during a divorce. These agreements can outline what happens to each spouse’s assets and debts in the event of a divorce, superseding state law, provided the agreements were executed correctly and are legally valid. If you want to protect your financial interests heading into a marriage, considering a prenuptial agreement might be the way to go.
How Kendall Gkikas & Mitchell, LLP Can Help
The attorneys at Kendall Gkikas & Mitchell, LLP bring years of experience in California family law, providing skilled guidance through the intricacies of property division during divorce. Our approach includes:
- Detailed Asset Evaluation
- Strategic Negotiation
- Litigation Support
If you are going through a divorce in Claremont CA and are concerned about how your property will be divided, it’s crucial to have knowledgeable legal representation. Contact Kendall Gkikas & Mitchell, LLP today. Our firm will work tirelessly to ensure that your property rights are protected and that the division of assets and debts is handled fairly and equitably. Schedule a consultation by calling 909-482-1422 to discuss your case and safeguard your financial interests during your divorce.
To learn more about the reliable and quality divorce services that we offer, visit us on the web.
