Murrieta Property Division Lawyer

Helping Clients With Property Division During a Divorce in California

In California, the division of property upon divorce can be one of the most contentious parts of the process. While the law in California is designed to protect each spouse's financial interests, there is a great deal of leeway for the parties to work out their own property division agreement.

Contact an experienced attorney online or by calling (951) 900-3342 for help with property division in your divorce.

How Is Property Divided in California?

The California property division process is governed by community property law. If the parties have entered a pre or post-nuptial agreement, that agreement may alter how assets and debt will be allocated. 

Community Property Law and Marital Property

Under community property law, any asset or debt acquired during the marriage is considered marital property and will be divided between the spouses upon divorce. However, the law provides certain exceptions, such as:

Role of Prenuptial Agreements in Divorces

Prenuptial agreements are contracts entered into before the marriage that detail agreements between the parties.  This can include agreements concerning how property acquired during marriage will be divided in the even of a divorce. As with all contracts, they can be negotiated to include specific property or property types that will be divided in the event of a divorce.

How Is Property Divided if There Is No Agreement?

California is a "community property" state. This means that all property, assets, and debts acquired during the marriage are considered marital property, and will be divided between the spouses upon divorce.

Marital Property vs. Separate Property in California

Property acquired during the marriage (marital property) will be divided between the spouses, while separate property (property owned before the marriage) will remain with the owner following a divorce.

What is Separate Property?

Separate property includes:

What is Marital Property?

Property acquired during the marriage (marital property) will be divided between the spouses, while separate property (property owned before the marriage) will remain with the owner following a divorce.

Contact an experienced attorney online or by calling (951) 900-3342 for help with property division in your divorce. We serve clients from Menifee, Temecula, San Diego, Riverside, Lake Elsinore, Coachella Valley and surrounding areas.