Moreno Valley Property Division Lawyer

Moreno Valley Property Division Attorney

Divorce can be a complicated ordeal, especially when there are questions surrounding the division of property and who gets what in a divorce. An experienced Moreno Valley property division lawyer can be a great resource for determining whether specific assets or debts are categorized as community property or separate property.

Edgar & Dow Family Law is a firm in the Moreno Valley area with highly rated customer reviews, esteemed awards, and over 10 years of experience practicing family law in the SoCal court system. Our honest and realistic perspective allows us to handle cases swiftly and truthfully, no matter how difficult a case is. We are a results-driven law firm that can help you get through your divorce, even if there are disagreements surrounding property division.

Our goal is to improve your circumstances by using the resources and knowledge our firm has obtained over the years. We understand the laws and are familiar with local courts. We aim to minimize the stress and time involved with your case and do everything we can to prevent long and drawn-out litigation.

Why Do I Need a Property Division Lawyer?

Many individuals find they need the help of a professional who knows the law and has the necessary resources to apply it effectively and accurately. If your spouse has retained legal counsel to support them in your divorce, then it is highly recommended that you do as well, but there are other reasons you may need to hire a Moreno Valley property division lawyer regardless of your spouse’s choice.

The 50/50 law in California seems straightforward in that any assets (or debts) accrued during the marriage are to be split equally between the divorcing parties, even if they were earned by one person, but this is where things can get complicated.

Sometimes, couples do not agree on when assets were obtained or when debts were incurred. Worse yet, some assets get commingled, and determining who is entitled to what becomes extremely difficult. That’s when disputes arise.

Any funds, purchases, investments, etc., that were obtained after the date of the marriage and up until the date of separation or the date a divorce was mutually agreed upon are considered community property. There are some exceptions to the 50/50 law, though.

A reputable family law firm that has a complete understanding of California state laws that apply to property division in a divorce is ideal. An attorney can assist in completing a Declaration of Disclosure for your case. This form is not filed with the court but rather served to the other party in your divorce. Once these disclosures have been served, a declaration declaring the step complete or a waiver of the process is filed with the court.

In other cases, one spouse might be concerned that the other is not divulging all the assets they hold. In these cases, other professionals need to be brought in to do research and uncover any hidden assets. Finding these trustworthy and knowledgeable professionals, though, can be a headache. Edgar & Dow Family Law has established relationships with many professionals, including forensic accountants, who can uncover marital assets that may have been concealed by your spouse in Moreno Valley.

FAQs About Moreno Valley, CA Property Division Laws

What Assets Are Untouchable in a Divorce?

Separate property assets are excluded from property division in a divorce. These are assets obtained outside the timeframe of the marriage. For any other asset to be considered untouchable, it would need to be protected by a premarital or prenuptial agreement (a prenup) or a postnuptial agreement. Most people who do not have one of these agreements typically hire a property division lawyer to help sort out assets and determine what is community property and what is separate property.

What Is the 5-Year Rule for Divorce in California?

In California, the five-year rule refers to a divorce option available for couples who have been married for less than five years. These couples may opt for a quicker and easier summary dissolution divorce. Other conditions require that the couple not have any children together, both parties mutually agree on the division of all property, and the couple’s assets and debts do not exceed a certain amount.

What Is the 10-Year California Divorce Rule?

In California, the 10-year divorce rule affects only alimony support. Marriages that last at least 10 years are typically subject to spousal support that can continue indefinitely, depending on the situation. Marriages that last fewer than 10 years usually have a ruling of alimony for half the time of the marriage, also depending on the situation. Note, though, that a 10-year marriage does not guarantee alimony or a timeframe to receive alimony.

Are Separate Bank Accounts Marital Property in California?

Bank accounts, whether separate or joint, may be considered separate or community property, depending on when the money was deposited or earned and where the money came from. In some cases, separate bank accounts might include both separate and community property. However, only assets verified to be community property are subject to division in a divorce. A qualified property division lawyer can help you determine what funds are deemed community property and, therefore, subject to division.

The intricacies of property division can be more complicated than most people realize. It is important that anyone getting a divorce with property division questions speak to a property division lawyer who is well-versed in California state law regarding marital assets and divorce. Edgar & Dow Family Law’s attorneys understand the law as it applies to your case specifically. For 10 years, we have helped families like yours come to a resolution regarding property division, and our reputation speaks for itself.

Fill out our online contact form or call Moreno Valley property division lawyers today and schedule a consultation with one of our family law attorneys. Our honest, straightforward, and results-driven legal staff is well-equipped to assist you in creating an optimal legal strategy for your case in an effort to work toward your goals, provide you with the answers you need, and, ultimately, obtain a positive outcome for your case.