Property Division

Protect your assets during divorce and separation

Property division occurs when spouses decide to separate or divorce. When this decision is finalized, the court divides their mutual or “community” property, property acquired after the date of their marriage and before the date of their separation. Generally speaking, income, assets, and property attained during the marriage are considered jointly owned and will be split as the court sees fit. 

Property division involves the characterization of assets (is it community property?), the valuation of assets (how much is it worth?), and the final division of the assets between parties. Property gifted to or inherited by one party during the marriage is considered to be solely owned by that party. 

The Problem

Regardless of what you brought into the marriage, earned during the marriage, or gave up while in the marriage (opting to stay at home to parent, for example), the court will hold the right to split all assets as they see fit. If you do not have a prenuptial agreement and a good Family Law Attorney, then you could end up suffering the loss of your hard-earned property on top of all the other heartaches involved in a separation or divorce.