How Does Equitable Distribution Work in California?

Divorce is frequently a complicated process, and one of the most common complicating factors is property distribution. Please continue reading and reach out to our experienced California divorce attorneys to learn more about the equitable distribution process in California and how our legal team can help you through it. Here are some of the questions you may have:

What is the difference between community property and separate property?

In the state of California, when a couple gets divorced, California courts will break their property down into two categories–they are community property and separate property. Community property is all property that was acquired over the course of a marriage, while separate property is property acquired before or outside of a marriage, such as certain gifts, inheritances, and more. Community property is generally subject to equitable distribution, meaning that if you are getting divorced and cannot agree on property distribution terms, there is a very good chance that the court will have to divide the property between you and your spouse. That being said, there are times where separate property may be considered community property, and may be subject to equitable distribution as well. Our experienced legal team is here to fight for what is rightfully yours.

What do courts consider during the equitable distribution process?

Once they determine which property is community property, they will then consider several factors before determining the division of assets. For example, they will consider both of your yearly salaries, whether children are involved, what your alimony agreement is, each party’s education/earning potential, assets held in joint bank accounts, and more. In many divorces, the house is considered community property, meaning the courts will have to decide who will get the house. That being said, even if one spouse solely paid for the home, if the other spouse stayed home and handled daily chores, raised children, or otherwise contributed significantly towards the house or marriage, they may still ultimately be entitled to the marital home.

Rather obviously, when it comes to equitable distribution, both spouses have a lot on the line, which is why if you are currently getting divorced and cannot agree on property distribution terms, you should strongly consider retaining the services of a knowledgeable Los Angeles divorce attorney who can fight for the outcome you need.

Contact our experienced Los Angeles firm

Divorce and family law issues are notoriously complicated and personal, which is why you must hire an attorney with years of experience, as well as the compassion and skill needed to handle these sensitive matters. For the qualified, dedicated legal representation you and your family deserve and need, contact Zitser Family Law Group, APC today.

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