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Dividing Assets in Orange County
When navigating property division in an Orange County divorce, understanding the distinction between community property and separate property is essential. As a community property state, California law presumes that most assets and debts acquired during the marriage belong equally to both spouses and are subject to division.
How Community Property Is Divided in an Orange County Divorce
California is a community property state. Property either spouse acquired during the marriage while living in California is generally community property, and the court divides the community estate equally unless the spouses agree otherwise in writing or in court. Property owned before the marriage, and gifts or inheritances received during it, are generally separate property.
| Community property | Separate property | |
|---|---|---|
| What it includes | Property acquired by either spouse during the marriage while living in California (Family Code 760) | Property owned before marriage, plus gifts, bequests and inheritances received during marriage (Family Code 770) |
| Earnings | Earnings during the marriage, up to the date of separation | Earnings after the date of separation (Family Code 771) |
| At divorce | Divided equally unless the spouses agree otherwise (Family Code 2550) | Not part of the equal division of the community estate |
Types of Property
Community property typically includes all assets and debts acquired from the date of marriage until the date of separation. This can encompass a wide range of marital assets, such as the family home, vehicles, joint bank accounts, investment portfolios, and retirement funds. Even debts acquired during the marriage—like credit card balances, mortgages, or personal loans—are generally considered community obligations, regardless of which spouse’s name is on the account.
Separate property, on the other hand, refers to assets owned by one spouse before the marriage, as well as gifts or inheritances received by one spouse at any time. Additionally, property that both spouses have agreed in writing to keep separate, or assets acquired after the date of separation, are also considered separate property under California law. Examples include an inheritance deposited into a separate account, a car purchased before marriage, or personal gifts received from family members.
Properly identifying and classifying each asset and debt is a critical step in the property division process. Misclassification can have significant consequences for your financial future, so it’s important to work with an experienced property division attorney who understands the nuances of California property division laws and can help ensure a fair and accurate division of both community and separate property.
Asset Division in Orange County
In a divorce, the characterization of property must be determined before the judge can divide and disperse the property. Characterization means determining whether a certain piece of property is the wife’s separate property, the husband’s separate property, or community property. This is not always easy to determine. The divorce process in Orange County involves the family court and orange county courts, which follow community property laws to divide assets and debts, and can become a contested divorce when spouses cannot agree.
Property acquired from the date of your marriage until the date of your separation is legally presumed to be community property, which means it equally belongs to both spouses. The community estate, including significant assets, substantial assets, and complex assets such as business interests, retirement plans, and employment benefits, must be identified and valued for equitable distribution, which becomes especially critical in high-asset property division cases in Orange County. If you acquired property before you got married, that property will remain your separate property unless you give it to your spouse or to the community in some form of a writing. Generally speaking, community property will be divided 50/50. This includes money either party invested into their retirement accounts, monies in bank accounts, as well as debts incurred during the marriage. This can include debts that the other party is not listed on, and often don’t even know exist. Asset division is based on the principle that community property should be divided equally, but the court may use its discretion to ensure a fair and equitable distribution. Our divorce lawyer for older couples ensures fair property division for clients over 50. If you have more specific question on this subject, feel free to give us a call at Pinkham & Associates. We would be happy to provide an initial consultation.
When dividing property and debts, proper documentation and negotiation can help minimize litigation costs. Hiding assets or hidden assets can lead to serious legal consequences.
Our divorce lawyer for older couples ensures fair property division for clients over 50. The importance of experienced property division lawyers and a county property division lawyer with a proven track record cannot be overstated, especially in cases involving high net worth divorces involving complex assets, or disputes with the other spouse.
Before making any decisions, take advantage of a consultation with a property division lawyer to discuss your family law matters, legal separation, divorce settlement, and strategies for protecting your financial interests with an experienced Orange County family law firm.
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Contact Us for a Family Law Consultation. Having the right legal representation can make all the difference in achieving a favorable outcome in county property division cases involving orange county property.
Dividing the Business
If one or both spouses started a business during marriage, that business is presumed to be community property. But, often times one of the parties owned a business before the marriage, and maybe that business increased or decreased in value during the marriage. If the business increased in value, that increased value is also presumed to be community property and must be valued and divided in a divorce. In both of these scenarios, the court will be obligated to divide any community property business interest. Business ownership and business interests are often considered complex assets that require accurate asset valuation during property division to ensure a fair and equitable outcome, particularly for business owners going through divorce. At Pinkham & Associates, we are well versed and experienced in all aspects of business and self-employed interests as they relate to divorces. It is imperative from the outset that we know what income and assets we are dealing with, the value of that business interest, and very importantly, the characterization of that business interest. In other words, is all or part of the business value the separate property of one spouse or the other, or is the entire business value community property that must be divided in the divorce.
We at Pinkham & Associates have worked with all of the best known and most respected business experts in Southern California. We work with these professionals to determine the values of income, assets, and liabilities of the business and all other financial information relating to the business to determine the business valuation. Determining the value of business interests is essential for ensuring a fair division of complex assets in divorce.
If you or your spouse are self-employed or own a business, feel free to give us a call at Pinkham and Associates and A high net worth divorce lawyer can help ensure a fair division of valuable assets and investments during your divorce by applying the winning traits of elite high-asset divorce counsel. We proudly serve clients in Tustin, Irvine, Costa Mesa, and all of Orange County.
Orange County Property Division FAQs
Is California a 50/50 Divorce State?
For property, generally yes. California Family Code section 2550 requires the court to divide the community estate equally unless the spouses agree otherwise in writing or on the record in court. That equal split applies to community assets and debts, not to separate property. It also does not mean custody or support is split 50/50; those issues are decided under separate rules that look at different factors.
Is an Inheritance Community Property in California?
Usually not. Family Code section 770 makes property acquired during the marriage by gift, bequest, devise or descent the separate property of the spouse who received it, along with the rents, issues and profits it produces. Keep records that show where an inheritance came from and where the money went, because those records matter if your spouse disputes it. Our guide to gifts and inherited property in a California divorce covers this in more detail.
