Property Division Lawyer for Yuba City, Marysville & Sutter County Divorces
In general, with some exceptions, all property and debt accumulated during the marriage is community property and each spouse is entitled to one-half of the total of the assets less the debts. A court is required to divide the property and debt equally unless both parties agree to divide it unequally.
How Property Division Works
The court cannot physically divide most property, so the court will award specific items of property to each spouse and, if there is a difference in the amount awarded to the parties, will order the party with the higher amount to pay an equalizing amount to the other. This requires careful valuation and documentation of all marital assets and debts.
Community Property vs. Separate Property
Certain property is not community property, including that belonging to a spouse prior to the marriage, received as a gift, or an inheritance given only to one spouse during the marriage. Such property is confirmed as separate property and stays with the party who had it originally and is not included in the division of marital assets.
However, separate property does not always remain separate and may become community property under certain circumstances. The legal presumption is that property acquired during the marriage is community property and it is up to the spouse claiming it as separate to prove it is separate if it is disputed.
Our Yuba City and Marysville attorneys have extensive experience in complex property division matters and can protect your interests throughout the process.
Facing complex property division in your Yuba City or Marysville divorce? Call Rich, Fuidge, Bordsen & Galyean, Inc. at (530) 742-7371 or visit our contact page.
Rich, Fuidge, Bordsen & Galyean 