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What is Family Law?
Family law is the branch of law that deals with family matters such as divorce, custody, and adoption. At the Law Offices of Paul J. Duron, we focus exclusively on family law, so you can rest assured that our skilled and knowledgeable team has the refined legal skills and experience to see your case through to a favorable conclusion. If you need help navigating the complex road of California’s property division during your divorce proceedings, Call 562-205-8527 for a free consultation.
Is California a Community Property State?
California does have a community property law. What that means for you is that all assets and debts owned jointly between you and your spouse during the marriage are considered joint or what is known in legal terms as “community property.” Qualifying items include cars, houses, retirement benefits, stocks, and bonds. Essentially, anything of monetary value was amassed during the marriage, including all debts incurred.
Family code 2250 in California grants each spouse 50% of all community property and debt responsibility. However, despite sounding reasonably simple in concept, community property becomes complex because it isn’t always possible to divide something in half simply. Some assets, such as retirement pensions, are not accessible until the individuals reach that stage of life.
What Types of Property are Considered Community Property?
In California, the Community Property rule applies to property owned or purchased during the marriage, including all debts incurred during that period.
A few examples are:
- Income from employment (including tips, commissions, and bonuses)
- Real Estate (including the family home and any other residences or businesses)
- Investment and bank accounts
- Retirement accounts and 401ks
- Patents, Business interests, and stocks
- Property Debt, including credit cards, car loans, mortgage loans, and student loans.
Is Anything Kept Apart in a Divorce in California?
Under California law, there are two types of property. Not everything is automatically fair game when you end your marriage. Separate property is property you acquired before the marriage and after the date of your legal separation. A few protected items, such as personal gifts and inheritances, are also considered separate property. This is where California Community Property law can become complex and challenging to navigate. Emotions can sometimes run high during these difficult life transitions, and you must have the calm experience of a trusted team by your side.
At the Law Offices of Paul J. Duron, our family law lawyers will take the time to get to know you and your case and provide you with personal legal advice tailored to fit your needs.
Is All Property Automatically Split Evenly in a Divorce in California?
As a rule of thumb, everything that falls under the classification of community property is split equally between the separating parties in a divorce in California. There are some exceptions, however. It’s reasonably common to award spouses different types of assets within divorce proceedings. An example of such an arrangement is one spouse being awarded the family home while the other keeps the 401k. An agreement would then be approved in which the spouse with the property whose value was higher would pay to equalize the value of the assets. The agreement would require approval from the court. Additionally, any prenuptial agreement or separate property would be exempt from the 50/50 rule. All of these things are subject to approval by the court.
Traveling this road can be confusing, and each case is different. You must seek the assistance of a knowledgeable and empathetic family law lawyer to guide you. At the Law Offices of Paul J. Duron, you will find a team of compassionate and wise counselors available to help you as you enter this new phase in your life.
Which Spouse Automatically Has To Leave the House in California?
California has no laws specifying that either party has to vacate the property during divorce proceedings as long as both names are on the mortgage. Many couples opt to separate into different dwellings because they can no longer live together peacefully; however, both spouses have the legal right to live in the house while the divorce is pending.
It is important to note that if there are concerns of domestic violence or child abuse, it is possible to force the offender to move out if you contact the authorities, file a report, and obtain a restraining order. But you must follow the appropriate steps to do so and follow through. In such a case, you must consult a family law lawyer for counsel as soon as possible to ensure that the law is followed and all parties are held accountable.
When Should I Call a Family Law Lawyer for Help with My Divorce?
Divorce is one of the most challenging and painful things you can deal with as an adult. Ending a relationship is messy and emotional. Tempers often run high, and it can become difficult to communicate. You need a trusted team’s calm, empathetic guidance to help you through this complex life transition.
You’ll find just that at the Law Offices of Paul J. Duron. We are a small, dedicated team that provides personal service while delivering the results typical of larger firms. Our clients are our extended family, and you can count on us to work hard for you. Let us take the burden of this challenging time off your shoulders. Call 562-205-8527 for a free consultation.
