Family Law - Property Debt Division

Sacramento Property Division Lawyer, Sacramento Debt Division Attorney

All marital property acquired during the marriage should be divided equally. The "marital" property, consisting of any other property acquired by either spouse during the marriage, will be divided equally, unless the court finds that equal division would be unjust. Any property possessed by either spouse during the marriage is presumed to be marital property unless it can be shown that the property is actually separate property. A court can determine the rights of the spouses in any pension or retirement plan or their rights under any insurance policy.

It is common for a divorcing couple to decide about dividing their property and debts themselves, rather than leave it to the judge. But if a couple cannot agree, they can submit their property dispute to the court, which will use state law to divide the property.

Division of property does not necessarily mean a physical division. Rather, the court awards each spouse a percentage of the total value of the property. It is illegal for either spouse to hide assets in order to shield them from property division. Each spouse gets items whose worth adds up to his or her percentage.

Property purchased with a combination of separate and marital funds is part marital and part non-marital property, so long as a spouse is able to show that some separate funds were used. Non-marital property mixed together with marital property generally becomes marital property.

California divorce laws and procedures are very complicated and should not be handled without consulting an attorney first. Therefore it is imperative that you consult an experienced family law attorney before making any decisions regarding your divorce matters.

If you or a loved one in need of expert legal counsel contact
The Law Office of Robert N. Kitay. It is important to protect your legal rights.

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