What to Know About How Property is Divided in a CA Divorce

Property division is frequently a hotly-contested issue in California divorces, and if you’re about to get divorced, you’re most likely very concerned about what may be at stake. Read on and reach out to an experienced Los Angeles division of assets attorney here at Zitser Family Law Group, APC to learn more about how property is divided in a divorce in California and how our legal team can help you fight for your hard-earned assets. Here are some of the questions you may have regarding the legal process ahead and how we can assist you:

What property is divided in a California divorce?

Not all property will be divided in a divorce, but community property will be. Courts will assess your property and determine which property is community property and which is separate property. Separate property includes assets you acquired prior to a marriage or assets that are separate from your marriage, such as gifts from family members or friends. Community property includes all property acquired during your marriage. In most cases, this will include your home, retirement funds, vehicles, and more. In some cases, collectibles, jewelry, and more will also be considered community property.

Is there a way to protect my property from being divided in a divorce?

When couples without prenuptial or postnuptial agreements get divorced, courts will take their community property and distribute it in a manner they consider to be fair and equitable. In most cases, this does not mean a 50/50 split. When dividing property, they will consider each spouse’s yearly income, whether a child custody/support or alimony agreement is in place, each spouse’s needs, the standard of living established in the marriage, and more.

Fortunately, as previously mentioned, you can protect assets from a divorce if you establish a prenuptial or postnuptial agreement. If you’re not yet married, you can write up a prenuptial agreement with your spouse, which can outline who will get certain assets in the event of a divorce. If you’re already married, you can still draft a postnuptial agreement that largely serves the same purpose. If you would like to create either of these agreements, our Los Angeles prenuptial agreement attorneys can help. If you’re already going through a divorce and need a competent attorney on your side, you’ve come to the right place. Simply pick up the phone and give us a call.

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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