Orange County Property Division Lawyer

Attorney for Divorce and Property Division Matters in California

​An obvious question that comes with any divorce is who gets what. Our Orange County​ family law attorney can help you navigate through property division laws at the time of a divorce.

Whether you have an extensive investment portfolio or your finances reflect a more common picture of credit card loans, a couple of cars, and a house, our property division attorney in Orange County can help you in getting your fair share in a divorce

Are you dealing with a complex property division matter in Orange County, California? Contact the experienced property division attorney from Gill Law Group, PC. Call (949) 681-9952 to schedule a complimentary consultation today!

Is CA a Community Property State?

California is a community property state. In other words, the property division laws for a divorce are controlled by community property principals.

• Community property - Under the community property system, any income earned by either spouse through his or her labor is considered community property and it belongs to both spouses in equal shares.
• Separate property - However, any property received before marriage or property received during the marriage by means of gift, will or inheritance is not considered community property and it belongs to the spouse who received the gift or inherited the property.

Common Types of Divorce Assets

In a divorce, the division of assets is a critical aspect of the legal process. Here are the common types of assets that are often involved:

• Real Estate: This includes the family home and any other properties owned by the couple, such as vacation homes. These properties may need to be sold or divided between the spouses.
• Financial Accounts: Assets in this category cover savings and checking accounts, investment portfolios, and retirement accounts like 401(k)s and IRAs. Both individual and joint accounts are considered during asset division.
• Personal Property: This encompasses vehicles, valuable jewelry, and collectibles such as art or antiques. Items of significant personal or monetary value fall into this category.
• Business Interests: Includes ownership in businesses such as sole proprietorships, partnerships, or corporations. The value of each spouse's interest in the business will be assessed and divided.
• Debts and Liabilities: This category covers outstanding mortgages, credit card balances, and personal loans. Both spouses' debts may be divided along with their assets.
• Insurance Policies: Includes life insurance policies with cash value or significant benefits, as well as health insurance coverage considerations. These policies may impact the financial arrangements post-divorce.
• Intellectual Property: Encompasses patents, copyrights, and other intellectual property rights. These assets can hold substantial value and may be subject to division.
• Educational and Professional Degrees: While not typically divided directly, the value of degrees and professional licenses can influence spousal support and future earning potential. They represent an intangible asset of the marriage.
• Pets: Pets are considered personal property in divorce proceedings and their custody or ownership may be determined as part of the asset division process.

How Are Debts & Assets Divided in a Divorce?

In the event of a divorce, any debts, such as these are considered community property:

• Credit cards
• Mortgages
• Debts arising out of medical bills of one or both spouses
• School loans
• Retirement accounts
• Benefits

The community property system is seemingly simple, but it can get fairly complicated when you have educational loans or retirement plans. The property division can also be very complicated if one spouse owned something before marriage, but it was then brought into the marriage and used or developed by both spouses.

Is California a 50/50 State When it Comes to Divorce?

In general, the state of California aims to fairly divide property between both parties in a divorce. However, this does not mean that you will automatically receive exactly half of everything you own together. For example, you can't split a house in two, so you and your attorney may decide that you're will to allow your spouse to take the house in exchange for something else of equal or similar value that you both own. Additionally, you and your spouse may decide that you would rather sell the home and split the money between the two of you.

Contact an Orange County Property Division Lawyer from Gill Law Group, PC Now

If you are contemplating the termination of your marriage by divorce, you need a competent, experienced, and aggressive attorney on your side. Attorney Gill is a zealous advocate for his clients and leaves no stone un-turned in accomplishing the objectives of his clients. He understands the difficulties and challenges his clients face and he is there to help them every step of the way during this difficult time of their lives. Mr. Gill will listen to the circumstances surrounding your case and develop a mutual understanding of the goals and limitations of your case. He will then tirelessly work to achieve your goals.

Personalized & Aggressive Representation

Mr. Gill makes it a priority to be upfront and openly discuss his legal opinion regarding your case to prevent any unpleasant surprises. We should be your first call if you are looking for a family law attorney in Orange County that you can count on for getting you the answers when you need them the most.

You can call our office at (949) 681-9952 to schedule a complimentary consultation with a property division lawyer in Orange County.