Pasadena
Property Division Attorney
Pasadena Property Division Lawyer
Divorce can be one of the most challenging experiences of a person’s life. The legal process of divorce can be incredibly stressful as you work through all the issues that require attention as you legally end your marriage. A Pasadena property division lawyer can be your best resource if you are unsure of what to expect from the property division proceedings you are likely to face in the near future.
At the Law Offices of Patricia Rigdon, we understand that your divorce will have an enormous impact on your financial future. The emotional turmoil of the divorce process can easily compound the stress you will experience throughout your divorce proceedings. California upholds a strict community property law for divorce, and this means that each spouse will receive 50% of the marital property upon completion of their divorce. Unfortunately, many misconceptions surround California’s community property laws and divorce in general. We can help you determine your best available legal options to minimize your financial risk in divorce and navigate the legal process of divorce with greater confidence. If you’re looking for an experienced legal advocate to guide you through the complexities of divorce, contact a trusted Pasadena divorce lawyer to discuss your case today.
Why Choose the Law Offices of Patricia Rigdon?
Can My Wife Take Everything in a Divorce?
One of the most common fears among people heading into their divorce proceedings is the belief that their spouse will take everything from them, leaving them alone and penniless once the ink is dry on their divorce decree. While many people consider California’s community property law too strict, the reality is that this law exists to prevent precisely what many fear as they begin divorce proceedings.
All property gained during a marriage is marital property. This can include income earned by both spouses, real property purchased during their marriage, capital gains realized during the marriage, and investment appreciation. While many assets subject to community property division are complex in nature, there is no reason to fear that your spouse will take everything in divorce. Your Pasadena property division lawyer will help to ensure you receive a fair and reasonable divorce settlement that aligns with California state laws.
Can My Husband Take My 401k in a Divorce?
How Do You Separate Assets When Separating?
The property division process in a California divorce typically begins by sorting out each spouse’s separate property from their shared marital property. Under California law, all marital property is subject to 50/50 division in divorce regardless of why the divorce manifested in the first place. Work closely with a trustworthy Pasadena property division attorney to ensure you can clearly prove ownership rights of your separate property.
“Separate property” can include anything you owned prior to entering your marriage, inheritance received from other relatives, and gifts. Establishing ownership rights of your separate property typically hinges on your ability to prove when and how you acquired those assets. In some cases, separate property can transmute to marital property under certain conditions. For example, if you owned an investment prior to marrying, this investment would remain your separate property in divorce. However, if your spouse contributed to increasing the investment’s value in any way during your marriage, the court would likely deem it marital property.
Why Moving Out is the Biggest Mistake in a Divorce
Divorce can dredge up strong negative emotions between divorcing spouses. In a heated divorce, you may be tempted to move out before your divorce is finalized to keep the peace and show good faith, but in reality, this can be a tremendous mistake. You should not consider moving out of your marital home until your divorce is completely finalized. Should you move out too soon, your spouse could take advantage of the situation and claim abandonment or failure to fulfill your financial responsibilities toward maintaining the marital home.
If your name is on the lease or mortgage for your marital home, there is no reason for you to move out before your divorce is final. Doing so can cause tremendous damage to your financial situation during and after your divorce proceedings, especially if you have children. If your spouse decides to claim abandonment, your decision to move out can severely complicate your ability to argue for custody of your children and partial ownership of your marital home.
What to Expect in California Property Division Proceedings
The community property law of California requires all marital assets and debts to split evenly between divorcing spouses. This can include your marital home, shared bank accounts, vehicles, and any other property you and your spouse obtained during your marriage. Many California couples choose divorce mediation to streamline the property division process and ensure more personalized results. The mediated settlement you and your spouse reach must align with state law, and you will need to submit your proposed divorce settlement to the Pasadena family court for final approval. As long as the terms you and your spouse negotiate align with California’s community property law, you may be able to avoid liquidation and division of certain marital assets.
If you and your spouse cannot come to mutually agreeable terms in your divorce negotiations, property division will fall into the hands of a family court judge. This places the situation out of your control, and the court will effectively decide for you.
Why Do I Need an Attorney?
DO YOU NEED LEGAL HELP?
The mediation process provides a more peaceful alternative to fighting about your personal issues in court. Read more to see if divorce mediation is right for you.
Collaboration brings attorneys, mental health professionals & accountants together to resolve family issues without going to court. Read more to see if a Collaborative Divorce is right for you.
Litigation in the divorce process involves submitting issues to family court in order to resolve them with the assistance of a judge, if both parties cannot reach an agreement in other ways. Read more to see if Divorce Litigation will be needed.
