Long Beach Property Division Lawyer
Practice Areas
Long Beach Property Division Attorney
When you are faced with the possibility of a divorce in Long Beach, CA, or if you have already decided to separate from your spouse, the division of your property and assets will likely be a major concern as you begin to plan your future. Many items cannot simply be split evenly. This creates a scenario where you and your spouse must make decisions about how to equally divide your shared property. This process can be incredibly complex, becoming even more so if the couple is unable to amicably resolve this issue.
Family law can be difficult to navigate. Therefore, consulting with a skilled Long Beach property division lawyer can dramatically change the outcome of your case. Particularly in instances of property disputes, an experienced Long Beach family law attorney can ensure your rights are protected throughout the process. The Law Office of Stacy L. Campuzano focuses on family matters. We can ensure thorough competency in any potential issues that may arise during the division of property portion of your divorce. We understand the importance of carrying your rightful share of the marital property into your new journey. Our firm can support you through this difficult process.
What Is Community Property?
Under community property law, the property acquired during a marriage is considered community property and belongs equally to the spouses. This rule is true even if only a single partner’s name is on the asset or its title. It is meant to protect spousal rights to marital property in the event of a divorce. For example, one partner may work outside the home, bringing in an income, while the other partner stays home with the couple’s children. Community property laws recognize the importance of both spouses’ contributions. They split any marital wealth equally between the two if the relationship ends.
Community Property Debts
Equal ownership also applies to any debts accrued during the marriage. This is true for debts that you may be unaware of that are only in your spouse’s name. However, there are potential avenues for having some debt determined to belong solely to the spender. If your spouse intentionally created a debt balance for spite, or spent the money on a new love interest, the court may deem the spender responsible for paying the entire balance.
What Is Separate Property?
- Before the Marriage
If an asset or property is brought into the marriage, it will be considered separate property and exempt from property division. - Issues, Rents, or Profits From Property Owned Before the Marriage
If you are receiving royalties from intellectual property, or rent from real estate that was established prior to the marriage, you will retain the income from these assets. This remains true even for income from these assets acquired during the marriage. - Inheritance
If an asset was acquired as part of an inheritance, or bought with an inheritance, it will be separate from marital property. - Gift
If the property was given directly to you instead of as a marital gift to both spouses, it will not be subject to property division during a divorce. - After Separation
Once the couple has separated and established their individual lifestyle, any assets or property are exempt from marital property division. This includes things like regular income, lottery winnings, and large purchases. The date of separation can be difficult to determine. However, it must be a date when one spouse stated they wanted to end the marriage and the subsequent actions supported the desire to end the marriage.
Can Separate Property and Community Property Lines Become Blurred?
- Commingling
This is one of the most common occurrences of separate property becoming community property. Commingling means the separate property becomes so intermixed with community property that it cannot be separated. For example, a cash gift that gets deposited into a joint account is likely to become impossible to trace, especially if the funds were used during the marriage. Asset tracing may help you establish any separate property that has unintentionally commingled. - Transmutation
This is the legal term for intentionally changing the classification of separate property to community property. The intent of this action is important and typically requires evidence that both parties agree to the change. For example, if one spouse brings a house into a marriage and then alters the title to include their spouse, the home becomes community property. There are very few ways to return a transmuted asset back to separate property status.
Community Property States vs. Common Law States
In a community property state, property that was acquired by either spouse during the marriage is assumed to belong equally to both spouses. Unless the parties can resolve their property distribution between themselves, the court will review all the marital property and order an equitable division. Nine of the 50 U.S. states follow community property laws and assume joint ownership of the marital estate. Any community property is required to be divided equally upon separation, per Section 2550 of the California Family Code.
Alternatively, the other 41 states follow common law. This legal standard allows spouses within a marriage to own individual property. This means any property that only has a single name on the title is only owned by that person. The other spouse has no claim over it. This route of ownership allows partners to maintain ownership of certain assets or debts as their own, giving them more control over that asset in the event of a divorce
Do I Need a Property Division Lawyer?
One of the most challenging parts of a divorce is likely to be separating properties, assets, and debts. Not only are you responsible for dealing with the emotional turmoil of creating a separate life from your spouse, but there may also be hurt feelings if your spouse’s poor actions caused the divorce. An attorney offers impartiality and clarity in a difficult situation. A skilled attorney can also:
- Save Time and Money
Litigation can become excessively costly and time-consuming if your case is drawn out through the court system. Waiting for court dates and paying court fees can make an already unpleasant situation even worse. An experienced attorney can help you objectively examine the assets and debts in your marriage, then create a proposal to send to the other party. If you can mediate an agreement between yourselves with the support of your attorneys, your divorce may be less painful. - Protect Your Rights
In Long Beach, each spouse is entitled to half of all the community assets. Unfortunately, some spouses will attempt to hide assets that fall under this category to avoid paying you your rightful portion. An experienced attorney and their team may be able to find these hidden assets. - Peace of Mind
Family law can be confusing to navigate, especially when you consider the serious consequences that can occur if your divorce is not handled properly. A property division lawyer can handle the legal portion of your divorce while you use the peace of mind to support your emotional recovery.
An attorney can be an invaluable resource during your divorce and property division. You may spend significant time with your attorney, so it is important you choose a professional you feel comfortable speaking with. You can search through their website and read reviews left by previous clients. This allows you to gain insight into an attorney before you even meet for a consultation.
Long Beach Property Division Attorneys
During a divorce, property division can become a major source of contention. This is easily compounded by difficult court processes and potential issues that may arise. One of the most effective ways to handle this process is with the help of an adept family law attorney. The Law Office of Stacy L. Campuzano focuses on family law issues. Our firm has assisted many couples through their divorce in the Long Beach area. We understand the importance of carrying a fair amount of assets and debts into the next portion of your life. We can work diligently to ensure nothing less occurs. Contact our office today to schedule a consultation for your divorce and property division case.
