San Luis Obispo Property Division Lawyer

A Divorce Law Firm That Aggressively Works to Protect Your Assets

When you are going through a divorce, dividing assets fairly between you and your spouse can be a point of contention. If both parties cannot come to an agreement on how to fairly handle the division of assets, the courts will divide your property as directed by California law. If you are currently working through a divorce, our San Luis Obispo divorce attorney can keep you informed of your rights and guide you through this difficult time. We have more than a decade of experience in family law and can help to ensure that your interests are not overlooked.

Experiencing problems with property division? Do not hesitate to call us at (805) 980-9002.

Community and Separate Property

California is one of ten states which classify all property owned by a spouse as either community property, which is owned by both parties equally, or separate property, which is wholly owned by one spouse. During divorce proceedings, community property is divided equally between each party while each spouse is entitled to keep assets classified as separate.

Not every possession is capable of being split between spouses and property division does not necessarily mean that an exact division of all property physically occurs. Generally, each spouse will receive a share of the total estate equal to the value which they are awarded. All debts such as mortgages, car loans, and credit card balances are also counted along with assets and included in the division of property.

In California, property which either spouse acquires while married is almost always considered to be community property and thus owned by both parties.

Separate property can include assets which were:

  • Acquired before divorce is completed but after separation
  • Clearly and independently owned before the marriage
  • A gift or inheritance from a third party
  • Acquired by directly exchanging separately owned property
  • Derived from separate property which increased in value

Protecting Your Assets

When dividing assets, the line between community and separate property is not always clear. Most marriages contain an instance where one spouse contributed or added value to the personal property of their partner. For example, a spouse might deposit funds into what was previously a separate financial account.

The date a couple is considered to be separated can also be subjective and if couples cannot agree, a date will be determined by a judge. An ambiguous date of separation can call into question the status of property acquired near the end of a marriage. The process of asset division can be extremely complicated and an attorney from our firm can provide legal advocacy to ensure you receive your fair share of total assets.

Due to the nature of property division, a spouse may try to hide or undervalue the total worth of their assets. It is illegal to engage in this sort of manipulation and doing so can have strict penalties. When going through a divorce, it is important to thoroughly document all property and accurately appraise all assets. If you think your spouse has or is planning to shield their assets from property division, our frim can take the appropriate steps to see that your interest are protected.

Secure Compassionate Legal Advocacy

Going through a divorce can be emotionally and financially devastating and when you need answers, our San Luis Obispo divorce attorney is here for you. Our firm takes a client-centered approach to matters of family law and we are available to answer your questions at any time of the day. When your future is on the line, our property division lawyer will work to provide you with clear legal options so that you can begin to move on with your life.

Schedule an initial consultation and talk to a lawyer about your case today.

Honest & Straightforward Advice from an Attorney Who Cares

Serving You, Your Family & Your Business for Over a Decade

We will make every effort to understand your unique situation, who you are, and what your legal goals are. In this way we can craft the tailored legal strategy you need. Whether you need to pursue a contested or mediated divorce, defend your reputation from criminal charges, retain legal counsel for a special education meeting, or handle any business or farming law matter, you can turn to Gillett Law. Our far-reaching experience and client-centered approach gets results. Call (805) 980-9002 for honest and clear counsel from a proven San Luis Obispo lawyer.

Why Choose Us?

  • More than a Decade of Trial-Tested Experience

  • Strong Recommendations from Past Clients

  • Spanish-Speaking Services Offered

  • Tailored, Proactive Legal Strategies

  • Proven Track Record in Mediation, Arbitration & Litigation