Dividing Property In A Divorce

Next to child custody, the question of marital property division is often the most contentious issue facing couples who are going through a divorce. California is a "community property" state, where the relevant family law provision mandates that, if a couple disagree over property division and seeks court intervention, the wealth or debt they acquired during the course of a marriage must be divided equally between them after a divorce.

This may sound like a simple directive, but making sure that property is divided fairly can be an incredibly complex process, and the consequences of miscalculating your stake in a specific asset can be severe.

Many assets can be considered a mixture of separate and community property, and it is up to your attorney to protect your separate stake from being partitioned as a marital asset.

Attorney Michael P. McDeavitt, Certified Family Law Specialist, has helped clients valuate and protect their nonmarital assets for the past decade, and can help you navigate the pitfalls of this complicated process. Do not make any assumptions of ownership of any piece of property unless you speak with a qualified property division lawyer about your case. Contact our firm for a consultation to learn how to protect your interests.

If your spouse has incurred any debt that did not benefit the marriage in any tangible way — for example, debt incurred from gambling losses or money spent on an extra-marital relationship — make sure you have a skilled lawyer who can help you avoid being held financially responsible for your spouse's irresponsible spending.

Here are some of the property division issues our firm has helped clients with in the past:

  • Asset valuation
  • Nonmarital property
  • Extra-marital debt
  • Prenuptial agreements
  • And many more

It is not uncommon for individuals to lose tens or even hundreds of thousands of dollars of equity in their home because they assumed that it would not be treated as marital property. Contact the Law Office of Michael P. McDeavitt, Certified Family Law Specialist, to speak with an experienced attorney about your property division issue.