California is a community property state, therefore all property acquired by a married person during the marriage is presumed to be community property. Separate property is generally all property owned before marriage, gifts and inheritances received during marriage and the earnings and accumulations on that property. In a divorce, each party is entitled to half of all community property. However, there are exceptions and circumstances where community property can become sole and separate property and vice versa. Thus, experience matters when it comes to applying what appears to be a simple rule in real situations. Every case requires analysis to determine if there is any quasi-community, or separate property. Other issues may arise with respect to property that appears to be mixed (commingled) or having both a separate and community interest in them such as a business, real estate, or retirement plans that existed prior to or during the marriage. Expertise is required not only in identifying property, but if it is tangible, intangible, vested, non-vested or simply a contingent future interest. After identification,valuation issues may arise that can be complex and require expertise to prove any opinion of the value offered. Our family law property division lawyers possess the experience required for your simple or complex property division matters. .
The property division attorneys at The Reape-Rickett Law Firm also reviews matters where there has been comingling of assets during marriage in order to determine if an adequate tracing can be performed. Other issues can arise with reimbursement claims for the use of separate funds to acquire community property or community property used to acquire a separate property. Some property requires special attention such as retirement plans, disability payments, life insurance, causes of action and recoveries for things like personal injury or job discrimination.
Also never to be overlooked are education reimbursement claims as well as unauthorized gifting of community property.
It is in your best interest to have your matter reviewed by an experienced family law attorney to help you understand the status of your property and even help you avoid potentially expensive mistakes. Without knowing your full rights and the law you could have an outcome that is much less than equal.. Our Los Angeles property division attorneys work tirelessly to protect our client’s rights and best interests when navigating property division during a divorce Call us at (888) 851-1611 or use our contact form to speak with one of our experienced family law attorneys to evaluate your situation and provide the information and advice you need.