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Property Division in Divorce Cases

Divorce can be a personal and legal journey that involves many different aspects. If a married couple has children, for example, issues such as child custody, child support, and visitation rights must be addressed. Of course, not all married couples have minor children and not all individuals filing for divorce will need to confront these matters. In nearly all cases, however, married couples will need to address the issue of property division.

Just as with divorce itself, property division is an issue that can impact your personal, emotional, and financial well-being. As such, ensuring that your interests are protected and that property is distributed equitably and fairly is of the utmost importance. At Diefer Law Group, PC, our Riverside divorce lawyers use years of experience and a focus on the unique needs of our clients to ensure that support, information, and effective representation is provided at all times during the property division and divorce property.

Understanding Property Division in California

The state of California considers all property or assets acquired during a marriage as community property. This means that each spouse owns an equal share of the property and therefore must divide everything they acquire or buy during a marriage, including:

  • Income / assets
  • Debts
  • Homes, cars, and other property
  • Retirement Plans

As a general rule, each spouse will receive one half of the shared property and / or debts. Of course, exceptions can arise, and when they do, they can complicate cases. These circumstances may arise when one spouse claims that certain assets are separate property, when there are prenuptial or postnuptial agreements, and when other unique situations exist. As our Riverside divorce attorneys are well aware that marriages and individuals are always unique, we make sure to address these matters on an individual basis.

For more information about marital property, property division, and how our firm can be of assistance with all aspects of your divorce or family law matter, please request a confidential free consultation or call (800) 589-9901. You can also view our video on dividing marital property and assets.