San Jose Property Division Lawyer
Attorneys for Dividing Marital Property in Santa Clara County and Across California
California law requires that community property be divided equally unless there is a written agreement to the contrary. Even if one of the parties did something wrong to cause the divorce to happen, it will not change how community property is divided. Separate property — or any property owned before the date of marriage or specifically designated as separately owned — is yours to keep.
At the Dominion Law Group, LLP, we help clients protect their separate property and achieve an equal division of community property.
What Is Community Property and What Is Separate Property?
Community or marital property includes any property that is acquired during the marriage as a result of either party's labor or efforts. Any property that is not community property is separate property.
At the moment the marriage occurs, identifying what is community property and what is separate property is easy. As the marriage progresses and assets are acquired, they often become commingled. It can become progressively more difficult to differentiate between the two.
It should be understood that equal division of community property does not mean that every asset needs to be divided in half. It is not uncommon for one spouse to be awarded the house, for example, while the other party receives the family business or investment real estate. California law allows such a division as long as the value received by each spouse is the same.
Complex Property Settlement Cases in California
There are many gray areas regarding community and separate property. Persons with significant assets who wish to divorce should obtain capable legal advice. The Dominion Law Group, LLP has extensive experience in complex property settlement matters, including property settlements involving:
Our San Jose property division lawyers can inform you of your rights and identify any problematic issues regarding particular assets. We use our extensive experience and our knowledge of community property law to provide guidance to our clients in these matters. We can also utilize investigators and appraisal experts to help us determine the legal strategy which best protects your rights and interests.
If you are contemplating divorce, it is important to obtain the most complete documentation possible regarding the origin of your property, as soon as possible. If you fail to act quickly, your spouse may be able to obtain a restraining order which prevents you from obtaining and preserving this information.
The San Jose property division lawyers at our firm explain what you need to do to protect your rights.
Contact a San Jose Property Settlement Attorney
For a consultation with a San Jose property division lawyer, call 408-288-5592, or contact us online. We serve clients in the communities of Campbell, Los Gatos, Santa Clara, Cupertino, Milpitas, Sunnyvale, Mountain View, Palo Alto, and throughout the San Francisco Bay Area.