Riverside Property Division Attorneys
Divorce Lawyers in Riverside County, Corona, & Moreno Valley
How is Property Divided in Riverside?
In rare occasions, when parties are at an impasse, the judge may order them to attend mediation to settle their property/debts disputes. During these mediations, the divorce attorneys are allowed to be present and assist the mediator in negotiating with the parties.
Contact the Albright Family Law Group for a consultation. We offer quality services in Riverside, Corona, San Bernardino, Rancho Cucamonga, Hemet, Murrieta, and the surrounding cities.
Property division is one of the most highly contested matters of many divorce cases. California is a community property state. This means that all property that is acquired before marriage is that party's separate property. Property that is obtained during marriage and before separation is considered community property. Gifts and inheritance, however, are excluded from the classification of community property.
Within a divorce action, there are three basic steps that will be considered when property is being divided by the court:
- Characterization – Determined whether property is community or separate property
- Valuation – Property will be given a value by agreement or appraisal
- Division – Court will confirm separate property and evenly divide community property
Equitable Does Not Mean Equal
“Just and equitable division of property in divorce action is just as likely not to be equal.” Root v. Root, 65 P.3d 41 (Wyo. 2003)
While the court does its best to ensure that each party receives an equal share of the community property’s assets and debts, sometimes that is not entirely possible. On many occasions, parties will agree on a less than equal division in the interest of compromise. And on other occasions, the court will order an equalization payment to be made to the spouse receiving the smaller share of the assets or by giving the spouse with the larger share of assets a larger share of the debts.
Of course, the court prefers that the parties come to an agreement without court intervention if possible and will typically approve any such agreement.
Information on Property Settlement
It is presumed that property and debt acquired during marriage is community property. This is rebuttable and can be overcome with a show of evidence that the property is separate and not marital.
Often, an attorney is needed to help sort out what is and is not presumed to be community property. In instances where there are businesses, investments, or multiple properties, having a professional accountant determine each party’s respective share is necessary.
Our knowledgeable divorce attorneys serve couples in Riverside with dedicated and personalized representation through complex cases, such as property division. We can work toward a favorable resolution to protect your rights.
Common Questions and Answers Regarding Property Division
I think that my spouse is hiding property. What can I do?
There are many investigative tools called "discovery" designed to help you get information/documentation from the other party or even third parties to ensure that nothing is being hidden.
I used some of my inheritance to pay household bills – can I be reimbursed?
It often depends on how long ago this occurred and whether you actually intended to be reimbursed. As this can be very complex to sort out, it is best to consult with an attorney.
Contact the Albright Family Law Group for a consultation today!
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“Brandy Tristao has been my attorney during my divorce this past year. She always listened and provided sound advice.”
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