Property Division in Santa Clarita, CA
Skilled Santa Clarita Divorce Litigation
Property division is usually the first thing that people think of when it comes to divorce. Many divorce cases are contested and require litigation to obtain a settlement. These are the divorce cases we hear about and think of the most; however, the majority of divorces are uncontested, where the division of property is negotiated and agreed upon between the two parties that are involved. If you are seeking a divorce in the Santa Clarita Valley, do not hesitate to contact a Santa Clarita divorce attorney from Cutter & Lax for the counsel you need.
Without capable legal assistance, it is highly unlikely that you will obtain a fair settlement in a divorce. With the guidance of a skilled family law attorney, the process of discovery (uncovering all property and assets in a divorce) will be much more successful and you will be able to fight for the settlement you deserve. Otherwise, you could lose property and assets that are rightfully yours. The other party in your divorce will likely fight for a larger settlement in their favor, so make sure you have a seasoned divorce litigator on your side by calling us.
How California Law Handles Property Division
One of the most complicated aspects of any given divorce or family law case is the division of property, assets and debts. California law views property as any given thing that can either be bought or sold by an individual – this can range from homes to cars, furniture, and jewelry. It can also be anything that is deemed to have solid value, but is non-tangible, such as bank accounts, security deposits, and even stocks. When you and your spouse split, all property that is owned between the two of you will be divided. In some cases, this may be simple; for example, if there is an iron-clad prenuptial which was drafted prior to the marriage. In other cases, however, it can be incredibly complex – especially if the couple can't reach an agreement.
A vital part of property division law relates to how California defines community and separate property. Per California law, community property is something that both spouses own together or something that was acquired during the course of the marriage. It, however, does not count toward gifts and inheritances that were specifically given toward one individual in particular. Examples of items that are commonly considered to be community property include earnings during the course of the marriage, as well as property which was bought by money that was earned by both spouses – such as a car or the down payment on a home.
When a couple is divorcing, all community property is to be divided equitably – that is, each individual is entitled to one half of all community property. This does not mean the quantity of community property, but rather the value. For example, during property division, one individual may keep the business, while the other may keep the house, cars and other valuable property because it's believed that both sides walk away with something of similar value. This can become incredibly complex incredibly fast; therefore, if you have questions about the division of community property, it is important that no time is wasted in contacting a knowledgeable attorney.
Contact a Santa Clarita Family Law Attorney
Cutter & Lax has served the Santa Clarita Valley for decades, including Canyon Country, Newhall, Saugus, Stevenson Ranch, and Valencia. Our attorneys are excellent litigators with extensive trial experience, having been in practice for more than two decades. We can also handle uncontested divorce cases that involve collaboration for a fair settlement. Contact us at your earliest convenience to set up an appointment for a complimentary case evaluation. We have the skill and experience to handle your property division case.