Protecting Your Right To Fair And Equitable Property Division
The lawyers of ANTHONY and MURDOCK in Monterey, California, are Family Law Specialists certified by the State Bar of California Board of Legal Specialization. We are experienced in all aspects of asset and debt division after divorce or another relationship dissolution. We seek fair resolutions and the equitable division of your property.
How Marital Property Division Works
Property division in California is based upon the concept of “community property.” This means that all assets accumulated by a husband and wife during marriage, except for gifts and inheritances, are considered to belong to both partners and are subject to equal and/or equitable division once a marriage has ended.
Property that was brought into the marriage by each spouse is considered separate. Prenuptial agreements can also affect how assets and debts are divided.
What Is Considered ‘Community’ Property?
Nearly any type of property, tangible or otherwise, acquired during a marriage will be considered community property. If property was brought into a marriage (separate property) but it accumulated value during the course of the marriage due to community efforts, the increase in value will also be considered to be divisible community property.
Other examples of community property include:
- Pensions (vested or otherwise)
- Retirement plans
- Money market funds
- Real property
- Bank accounts
- Business goodwill
- Accumulation of value
Our law office is a full-service family law firm. We can arrange for appraisal of any type of property so that your finances can be accurately represented to the court. Also, when ownership or division is disputed, we can represent your interests vigorously at trial.
How Prenuptial Agreements Affect Property Division
As mentioned previously, prenuptial agreements can be used to ensure that family property is kept within a family. Additionally, they can protect other assets and make the end of marriage easier to resolve because it will minimize property disputes.
Contact Us For Experienced Help
Contact a property division attorney at ANTHONY and MURDOCK in Monterey, California, by calling our office at (831) 655-1661 or by filling out our online contact form. We will be happy to discuss property division with you at the time of your divorce, or help you protect your interests with a well-crafted prenuptial agreement.