Even though the financial, emotional and legal ramifications of the end of a marriage will be felt for many years after, a divorce lawyer in San Diego can help lessen the blow, so to speak. With alimony issues and spousal support, child support and custody, there are so many different facets to all points which must be touched upon during hearings, trials and proceedings. Property division is one of the most vehemently argued points of divorce, and rightly so. People work hard for what they have, and they work hard. What happens when there are two people but only one house, or one car?
Whether your case is concluded by settlement or trial, you need to be advised by a divorce lawyer in San Diego who is well versed in the intricacies of the law as it relates to dissolution of marriage. You need someone who is familiar with community property and separate property what is the difference? California is a community property state, which means that marriage is viewed lawfully as a partnership, where both people involved have equal rights to all assets that were acquired during a marriage. Assets include things like cars, boats, furniture, the home, and even stocks and bonds, bank accounts, and retirement benefits. And equally, obligations that were incurred during the union are considered community debts again, both parties are equally responsible for repayment.
Separate property is owned 100% by only one of the people; the other person in the union has no interest or right to it whatsoever. This is the property that was acquired before the marriage that is still in possession of either the wife or husband. A divorce lawyer in San Diego will tell you that separate property can also be acquired by way of a gift. One of the most common examples of this is jewelry that one spouse has given to the other. The jewelry is the property of the person to whom it was given, plain and simple. Likewise, if one party receives an inheritance during the marriage, it is solely the recipients separate property.
As far as the community property is concerned, your divorce lawyer in San Diego will help you with all facets in its regards. In California, when a couple elects to dissolve their marriage, the court is going to take on the duty of determining the value of all of the community property, and it will divide it equally. Not every state is a community state, but in California it would really do you well to hire a divorce lawyer in San Diego to assist you with the matter of property.
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