Property Division and Divorce in Orange County

Orange County Divorce Lawyer

The issue of property division is defined by more by recent case law than by statute. To preserve your separate property and achieve an equitable division of community property in your divorce, your lawyer needs more than knowledge of California’s property division laws. Your lawyer also needs to be experienced in interpreting and arguing case law concerning property division.

As a certified family law attorney, I have experience in handling a wide range of contested property matters. If you are looking for an Orange County divorce attorney who will provide strategic legal counsel and will fight on your behalf whenever necessary to protect your property and assets, you have come to the right place.

Preservation of Separate Property

Separate property is any property you had before your marriage. It also includes any gifts and inheritances you received during your marriage. Separate property is yours to keep in the event of a divorce. However, there are many actions that people take with separate property that can blur the line between separate and community property. It is important for your attorney to recreate or trace back the origin of separate property to confirm whether it has maintained its separate-property character. If you have separate property you want to protect in the event of divorce, you should consult a certified family law attorney. Good estate planning or tax advice may not be good advice concerning California’s property division laws.

Community Property Division

California is a community property state. This means that property accumulated during the marriage, except for inheritances and gifts, is community property and will be divided equally between the two parties in a divorce in most situations.

That said, there are many situations that could lead to an unequal division of community property. For example, if a wife made a down payment on a house with separate property, the wife would be reimbursed for the down payment if she could prove it was made with separate funds. Competent legal advice is essential to ensure an equitable division of community property. For a free consultation and to enlist experienced help, contact Orange County divorce attorney Kevin Gibbs today.