Property Division Alimony

The division of property can be one of the many issues that can hold a divorce case up in court for many months. It is important for all clients to note that California is a community property state—all assets acquired from the date of marriage until the end of that marriage will be split equally among the divorcing spouses if the spouses cannot agree on a way to split the property themselves.

If divorcing spouses can agree on how to split their property and debt, all they must do is sign a Marital Settlement Agreement and have it approved by a judge.

If a client acquired property prior to the marriage, the opposite spouse has no claim to ownership of these properties unless they helped maintain them. The legal definition of maintenance includes time and money put into caring for property. If a spouse’s name is not on the title for a property than he or she bares the burden of proof in providing evidence to the court that they helped maintain the property.

Many clients are often very concerned about how their debts after the date of legal separation and during their divorce will be dealt with. Debts incurred for the common necessities of life of either spouse or their children of the marriage can be ruled as common debts that must be paid together. Frivolous expenses will be dismissed per the discretion of the judge.

If you have questions, or need assistance with the division of your property and assets during the dissolution of your marriage, contact the law office of the Stockton family lawyer today.