Newport Beach Property Division Lawyer

Newport Beach Property Division Attorney

One of the main concerns in any divorce is the division of assets. Because California is a community property state, the court generally divides assets “equally” between the two spouses. This does not necessarily mean that property will be divided 50/50 but, rather, that the court will determine an equitable division of the couple’s various community properties and allocate assets to either spouse based on this determination.

At Kovach Family Law, we can help you understand how property division works in California divorces. What’s more, our skilled property division lawyers in Newport Beach can help ensure your rights are protected throughout the process. We understand how important the division of assets is, and our goal is to protect your best interests and your future.

How Are Assets Divided in a Divorce?

Under California’s community property rule, assets (and debts) are divided equally between two divorcing spouses. This means that both spouses should essentially receive half of their shared assets, including real estate properties, vehicles, personal property, income, interest accumulated on retirement accounts and pensions, shared businesses, and more. Hiring a divorce lawyer in Newport Beach can help you to make sure this process is fair and your rights are protected.

Because many properties—such as a shared family home—cannot actually be divided equally between two parties, the court will assign values to the divorcing spouses’ various community properties. After subtracting the value of any shared debts, the court will then award each spouse half of the net community estate value.

This can look different depending on the specific details of a given situation. For example, the court may award one spouse the family home and the other spouse any investment properties or vacation homes the couple shared. Additionally, under California law, the two divorcing spouses may choose to hold community property together after the divorce, or one spouse may “buy out” the other spouse’s share of a particular asset. The divorcing spouses may also choose to sell various assets and each receive half of the proceeds.

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Community vs. Separate Property

It’s important to note that California’s community property rule only applies to community property.

The state distinguishes between community (or marital) property and separate property in the following ways:

• Community Property: Generally speaking, community property includes any assets (with certain exceptions) obtained or accumulated by either party during the marriage. This includes real estate, personal property, investments, and interest or income earned on 401(k)s or other retirement accounts. Most property in a California divorce is presumed to be community property unless a spouse can prove otherwise.
• Separate Property: In California, separate property includes any properties or assets owned exclusively by one spouse before the marriage, as well as profits, interest, income, rents, and issues earned on or in relation to separate property. Properties acquired by only one spouse during the marriage as a result of a gift, inheritance, or under the terms of a will are also considered separate properties in the state of California.

While the court considers community properties to be owned equally by both spouses, the same is not true of separate properties. As such, separate properties are not subject to the same equal distribution rules as community properties. A knowledgeable family lawyer in Newport Beach can assist with understanding these differences and also help you through the process seamlessly.

Can Separate Property Become Community Property?

In some cases, it is possible for separate property to become community property. This can occur either through “transmutation,” wherein the two spouses agree in writing to reclassify separate property as community property, or “commingling,” in which separate property is combined with community property. For example, most people in Newport Beach, CA enter a marriage with separate bank accounts. They may, at some point, change these individual accounts to shared accounts, allowing both spouses to contribute income and make withdrawals. At this point, the separate accounts would become community property.

The same is true if one spouse already owns a home before they get married. If the other spouse makes payments on the mortgage or handles other related expenses, the house will be considered community property by the court.

How Our Property Division Lawyers Can Help?

The division of assets (and debts) in a divorce can be a complex, stressful, and emotionally charged process. At Kovach Family Law, we work with our clients to streamline the division of assets while ensuring their rights are protected as per California law.

FAQs About Newport Beach, CA Property Division Law

Do we have to go to court to divide property in a divorce?

Not always. If you and your spouse agree on how to divide the property, the court will approve it. If there is disagreement, a judge will make the decision under California’s community property laws.

Can I keep my house in a divorce?

Maybe. If you and your husband agree, one party can keep the house by “buying out” the other spouse’s interest. A judge could also assign the house to one spouse based on the value of the other assets and the best interests of any children.

What happens to debt in property division?

The same as assets, community debts are usually divided equally. This could include credit card debts, loans, and mortgages taken out during the marriage.

How are retirement accounts divided?

Retirement accounts are generally divided using a court order called a Qualified Domestic Relations Order (QDRO), ensuring both parties receive fair distribution and that neither party pays early withdrawal penalties.

Can I protect my separate property in divorce?

Yes, but documentation is critical. You should have a full document record proving the inherited or bought separate property was acquired prior to the marriage or by gift.

Contact Us to Get Help with Your Property Division Case

Our Newport Beach property division lawyers have extensive experience helping clients navigate complex divorce issues. We are well-versed in both contested and uncontested divorces, as well as all the issues that come with them. As your legal counsel, we will remain readily available to answer your questions and provide the consistent communication you need to feel confident moving forward. We go to bat for our clients and are prepared to do everything we can to obtain the best possible outcome.