Stockton Property Rights Attorney

Many divorcing clients are quite concerned about protecting their property and assets during the dissolution of their marriage, and understandably so. Divorcing spouses can decide how to divide their assets on their own, but in cases where no agreement can be reached, the Stockton family lawyer can help.

While it is true that California is a community property state, this does not mean that all property belonging to both spouses will be split down the middle.

All assets acquired from the date of marriage until the end of that marriage will be split equitably among the divorcing spouses if the spouses cannot agree on a way to split the property themselves. If you and your partner can agree on how to split your property, debt, and other financial assets, all you 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 the property. If a spouse’s name is not on the title of a property than he or she bares the burden of proof in providing evidence to the court that they helped maintain the property.

Property rights negotiations can lengthen a divorce proceeding by many months due to the fact that they often come down to factual evidence presented during court hearings. The Stockton family lawyer has many years of experience working with the courts to get the best asset division possible for a client.

If you would like to discuss your property rights as they relate to your divorce, contact the law office of the Stockton family lawyer today.