Law Offices of Indu Srivastav, APLC
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Posts tagged "Property Division"

Think a 50-50 split isn't fair? You can fight it

In California, there is an expectation that divorcing couples split their marital property 50-50. For you, that's simply not going to work. Your spouse is leaving you for another person, and they've been spending money from your shared account on that other party. You want to make sure that you get your fair share out of what you own in your marriage, but you also feel that you should be repaid for all of the money you put in your account that went to pampering your spouse's new partner.

Community property: Get help dividing your marital property

California has long been known as a state where marital property is divided evenly, not equitably. While the majority of states in the U.S. use equitable division, California's laws require that two people who have been married divide all marital property down the middle.

Keeping separate property can be difficult in a long marriage

Dividing your property isn't always going to be easy, especially if you've been married for many years. In California, you'll be bound by community property laws if you go to court to divide your property unless you have a pre- or post-nuptial agreement in place that dictates how you'll divide your property.

Divide assets and resolve your divorce in California

Dividing your property during a divorce isn't always easy. Though the state requires a 50% split, you may have agreed to a different arrangement with a prenuptial or post-nuptial agreement. Even if you didn't, it's not always simple to divide assets evenly.

Don't let your property dispute get out of hand: Get help

During a divorce, you and your spouse may not be able to decide on how to divide your property. While the fact is that California expects you to divide the value of your assets by 50%, the actual division of your property can be complex. You might hope to keep certain assets that your spouse wants to sell, or you may have assets that you don't want to allow your spouse to have that you both want.

Negotiation is possible, even in a community property state

One of the hardest things for some couples to do is to separate their assets during their divorce. In California, property is split 50-50 thanks to community property laws. However, you or your spouse may not agree with this division of property.

Does a court always order a 50-50 division of assets?

California is a community property state, but that doesn't mean that couples have to abide by a 50-50 split if they don't want to when they divorce. California's courts normally accept any reasonable or fair property division agreement that you and your spouse agree to. However, if you can't agree, you will need to go to court and have the Superior Court do so for you.


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