Roseville Property Division Lawyer
Protecting Your Interests in Property Division Cases
When it comes to property division in Roseville, California, it's crucial to have an experienced legal team on your side. The Law Offices of James-Phillip V.M. Anderson is your reliable partner in navigating the complexities of property division during divorce or separation. Our dedicated team of legal professionals specializes in family law and has a proven track record of successfully assisting clients in Roseville and the surrounding areas. Property division can be a contentious issue, and we aim to protect your rights and interests throughout the process.
Call The Law Offices of James-Phillip V.M. Anderson today at (916) 282-7737 or contact us online to schedule a meeting with our property division attorney in Roseville!
What is Property Division?
Property or asset division is crucial to divorce or legal separation in California. It involves the equitable distribution of assets and liabilities between the parties involved. Assets include real estate, personal property, financial accounts, and investments. Liabilities may encompass debts, mortgages, and other financial obligations.
Community Property Law in California
California's community property law calls for property division to be a 50/50 split between the spouses. So, that's it then, right? Everyone gets half and goes on with their lives? Well, in theory, maybe, but when theory collides with the real world, things can get messy. There are still two significant issues that have to be worked out.
The first issue is that not everything can be split 50/50. The cash in a bank account can be. The stocks? Cutting everything in half might involve steps that could reduce the portfolio's overall value. Real estate? If the final agreement calls for selling everything and splitting the proceeds, then yes. But what happens if the couple has children and wants the kids to continue living in the family home they've always known? What happens if a piece of real estate is expected to grow exponentially, and the couple knows they are better off holding on to it for now?
Thus, the answer is that the settlement as a whole needs to be 50/50, but individual assets might go exclusively or primarily to one of the spouses. It's the role of our Roseville property division attorney to make sure our clients' desires are clearly understood at the negotiating table and then vigorously advocated for.
But even that's not always the most complicated part of a property division settlement in California. Each case is different, but it's not uncommon for marital and separate property to be even thornier.
The Difference Between Marital Property & Separate Property
Not all property is subject to the 50/50 split required under community property rules. The property a person owns before getting married is considered their separate property. It belongs exclusively to them and is returned to them in a settlement. Negotiating or giving up anything for one's separate property is unnecessary. Marital property, on the other hand, is what is acquired by the couple together. This is what is subject to 50/50 property division.
Again, the rules on paper are simple, but real-world applications can get complicated. What if one person has been investing in the stock market on their own for several years before marriage? They've built an excellent portfolio and want to keep it in the divorce settlement. It's their separate property.
To a certain extent, yes. But how much did the portfolio's value appreciate since the marriage? Was that growth driven by increased contributions made during the marriage? If so, that increased investment and its rewards are now marital property. The entire portfolio may be a mix of separate property and marital property.
This is just one example. The same principles can apply to a house one owned before marriage, and then their spouse moved into. Or a 401(k) at a job held before and during the marriage? All assets within a property division settlement must be carefully examined, with an eye on what value existed before the wedding date and what was accumulated after that.
Property Division Process in California
Navigating the property division process in California can be complex and emotionally challenging. At The Law Offices of James-Phillip V.M. Anderson, we offer a comprehensive approach to property division, ensuring that your interests are protected at every step of the way:
- Initial Consultation: Our experienced property division lawyers will meet with you to understand the specifics of your case, including your assets, debts, and individual circumstances. We'll provide a clear overview of your rights and potential outcomes.
- Asset Evaluation: We will help you identify community and separate property, accurately assessing all your assets and liabilities.
- Negotiation and Mediation: We strongly believe in the power of negotiation and mediation to resolve property division issues amicably. Our lawyers will work tirelessly to reach fair and mutually acceptable agreements.
- Litigation: If an out-of-court settlement is not possible, our legal team is prepared to represent your interests in court, fighting for your fair share of assets and ensuring the court's final decision aligns with your needs.
- Post-Divorce Support: We understand that property division is just one aspect of divorce or separation. Our services extend to addressing related matters, such as spousal support and child custody, ensuring your rights are upheld in all areas of family law.
Contact Our Roseville Property Division Attorney Today
Property division is a critical aspect of divorce or legal separation in California. It requires a deep understanding of community property laws, meticulous asset evaluation, and the ability to negotiate or litigate effectively. The Law Offices of James-Phillip V.M. Anderson is your trusted partner in Roseville, specializing in property division and other family law matters.
With a commitment to protecting your rights and interests, our experienced property division lawyers are here to guide you through this challenging process. We understand the intricacies of California's property division laws and are dedicated to achieving the best possible outcomes for our clients.
Contact The Law Offices of James-Phillip V.M. Anderson today to schedule a consultation with our property division lawyer in Roseville!
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Frequently Asked Questions
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What if my ex isn’t paying child support?A:
The failure to pay child support is a serious offense, one for which a spouse can go to jail. Child support agreements are effectively a court order and failure to comply is contempt of court. Judges will give a delinquent child support payer every opportunity to bring their payments current, but the recipient spouse should not hesitate to take legal action if not getting what they are properly owed.
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Do I need a lawyer to get a divorce?A:
Strictly speaking, the answer is no. The state of California allows people to represent themselves. But—and yes, we understand we’re biased—a lot is missed out on when a reliable and experienced attorney isn’t present. Essential issues in the property settlement might be getting overlooked. Agreements on child support or spousal support might be less than what a spouse or parent deserves. And, even in the simplest of divorce cases, a lawyer can still provide efficient services in filing documents and responding to motions, allowing their client to focus on the next era of their life.
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How do I get a restraining order?A:
If you are in imminent danger, call the police. If police concur that the threat of domestic violence is real and imminent, they can have a judge issue an emergency protective order that will last up to a week. Then your lawyer can help secure a temporary restraining order, which lasts for 20-25 days and is intended to keep you safe until the hearing. At the hearing, evidence of the need for long-term protection can be presented. If the evidence is persuasive, a judge may issue a permanent restraining order that can last as long as five years.