Orange County Property Division Attorneys

If you are getting divorced, you may be worried about how property will be divided. You want to make sure your family can remain in their home and that your child has a better future. California is a community property state - any assets or property acquired during marriage belong equally to both spouses and must be split equitably in a divorce or separation. Every situation is different - no two divorces are alike.

Community property is a legal term that refers to property or money accumulated during marriage. It includes the family home and furniture, cars, bank accounts, and income earned by either spouse - all shared equally. To keep something separate (like a small inheritance or an inheritance trust), it should be held in your own name and not commingled. A prenuptial agreement, if signed, controls how property is divided.

California courts divide property between divorcing spouses on the following principles:

• The court will divide community assets equally unless there is good cause not to.
• The court may award a portion of one spouse's community share to the other if necessary to equalize economic circumstances.
• Spouses may agree on a different allocation at any time during or after divorce proceedings.
• Any agreement on community property must be approved by the court.

Hidden assets can be easy to overlook - one spouse may end up with significantly less after divorce. We work to uncover concealed accounts, income, and transfers and ensure they are allocated appropriately. If both spouses are hiding from each other, we help reach an honest agreement.

Business owners facing divorce should not neglect financial responsibilities that could let a spouse claim half the value. Maintain up-to-date tax records, payroll documentation, sales receipts, credit-card statements, bank-account transactions, and contractor work orders. With these safeguards in place, you'll move forward post-divorce on solid footing.