Community Property Settlement and Dispute Resolution in California
California is a community property state. This means that property accumulated during marriage is to be split equally. Property either spouse owned before marriage and the income it has produced are separate property. Separate gifts, inheritance, and property accumulated after separation are also separate property.
When you are facing a divorce, you need an experienced attorney to negotiate for you and work with you to determine the best division of assets. Your attorney needs to work to protect your separate property assets, draft an enforceable judgment, and provide creative solutions to the myriad of problems and situations that develop during the division of property.
At the office of Hugh O. Allen, Attorney at Law, our goal is to help divorce clients develop realistic objectives on community property division issues while finding the most efficient means available for achieving them. Our lawyers help clients protect both immediate and long-term financial interests through practical advice and resourceful advocacy across a wide variety of issues. Contact us in Rancho Cordova to learn how you can benefit from our experience and understanding of community property problems under the California Family Code.
Call a Sacramento Property Division Lawyer: 866-720-3666 or 916-436-1517
Examples of the kinds of property issues we handle for our clients include:
- Characterization issues: Is a particular asset separate property or part of the community to be divided between the spouses?
- Valuation issues: What the value of an asset to the marital community?
- Prenuptial or postnuptial agreements: Has either spouse waived a right to particular community property?
- Family Residence: Often, the family house is the single largest asset. There are many factors to review when dividing any real estate owned by the parties that can significantly change how the asset is to be divided.
- Community Debt: In some cases, immediate steps are necessary to make sure bills get paid and our client's credit is not ruined.
- Divorce and small businesses: How should business assets or interests in closely held corporations be treated in the divorce?
- Retirement plans: How should pensions and 401(k) accounts be characterized, valued and divided between the spouses?
- QDROs: Will a qualified domestic relations order be necessary to protect your interest in a pension or other benefit paid by a third-party administrator?
- Military pensions: If either spouse retired from military service, how should the pension benefits be divided in divorce?
No matter what's at stake in your property settlement, you can depend on the attorneys of our law firm to provide practical advice that meets the demands of your specific situation. We will not recommend racking up a $5,000 legal fee to protect your right to a $6,000 asset. Instead, our counsel is focused on sensible negotiation and litigation approaches that protect as much as possible your interest in your share of the marital property — while protecting the marital property itself.
For more information about the ways you can benefit from our experience with California divorce property division issues in the Sacramento area, contact Hugh O. Allen, Attorney at Law, in Rancho Cordova.
This does not constitute a guarantee, warranty, or a prediction regarding the outcome of your legal matter.
