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San Jose Family & Divorce Lawyers / San Jose Asset Division Lawyer

San Jose Asset Division Lawyer

Going through a divorce is a trying experience. This is true even when a couple has no children. That’s because California law has certain property division guidelines that must be followed. Unfortunately, this process is quite complex. This means people often make costly mistakes that can last a lifetime. A San Jose asset division lawyer from our firm can help avoid such complications.

At Argyris Mah, LLP, our team of experienced family law attorneys is committed to serving our clients in Santa Clara County. We know that property division can get confusing, and issues become even more complicated if one spouse is trying to hide assets or get more than they deserve. Contact us today to schedule a free consultation. We’ll advocate for your best interests.

How Does Property Division Work During a California Divorce?

California is a community property state. This means that property acquired during the marriage is typically seen as belonging to both parties. As such, an equal division is usually the approach that courts will take. However, this isn’t always as clear-cut as one might expect. That’s why it’s important to understand both types of property during divorce proceedings.

Community Property

Community property law covers anything — both debts and assets — acquired during the marriage. This includes properties (e.g., cars, homes) that were purchased with monies earned during the marriage. These are typically equally divided during a divorce.

Separate Property

Separate property includes assets someone acquired before marriage or after the relationship ends. You are fully entitled to these after divorce. Other assets may also fall under separate property, depending on your individual circumstances. We’ll discuss these in the “Exceptions” section below.

Are There Exceptions to Marital Property Under California Law?

While community property laws may seem straightforward, there are various exceptions to the rules. For instance, assets will not have to be divided equally if a written agreement specifies this fact. This can be done in the form of a prenuptial or postnuptial agreement. Assets acquired as gifts, inheritances, or through a trust are also exempt from community property laws in California.

Finally, any assets or debts acquired after legal separation are exempt from equal division with the other spouse. In fact, such a separation doesn’t even need to be official with the courts. California law states that any debts or assets accrued afterwords or actions indicating that the relationship is over are considered separate. However, it will need to be proven in court that a person followed through on their separation.

At Argyris Mah, LLP, we serve clients in these and many other situations. Let our San Jose property division attorneys assist you today.

Do You Need a San Jose Property Division Lawyer?

Many people believe they can avoid hiring an attorney by reaching an agreement with their former partner. In theory, this is technically true. However, it’s important to remember that dividing property is rarely as straightforward as one might hope. For instance, what if certain assets that would otherwise be considered separate property were commingled with community property?

Such a situation could make it difficult to protect what’s yours. Additionally, you can’t forget that more than money, vehicles, and real estate fall under California property division law. The process of valuing assets will typically need to also look at investment accounts, stock options, the family business, retirement accounts, and other financial interests. And if you’ve got a large amount of property or someone is trying to hide assets, forensic accountants may be necessary.

Even if your case is relatively simple, you can still benefit from an asset division lawyer in San Jose, CA. That’s because an agreement reached by two former partners will still need to be submitted to and approved by a judge. If you make even a simple mistake during this process, the agreement could be rejected and drag out the entire process. An attorney with extensive experience — like those at Argyris Mah, LLP — can help avoid such issues. Contact us today.

Contact an Asset Division Lawyer in San Jose, CA Today

While living in a community property state like California would seemingly simplify property division, this is often not the case. Confusion over marital property vs. community property can lead to difficulties, and it’s possible for properties that are subject to equal division to go unaccounted for. Don’t walk away from a marriage with less than you deserve. Seek legal help today.

At Argyris Mah, LLP, you’ll work directly with an experienced family law attorney who will advocate for your best interests. Divorce has many difficulties — ranging from child support and custody to spousal support. And while these won’t be applicable in every divorce, dividing assets will be. Contact us today by calling (408) 214-6366 to schedule your free initial consultation.

Our asset division lawyers in San Jose, CA will review your case and strive to help you get a positive outcome.