Sacramento Property Division Lawyer

Sacramento Property Division Attorney

Property And Asset Division

During your marriage, you blended your life by exchanging gifts and purchasing property. It was all part of a life that you had intended to build together.

The process of dividing up that life can get complicated. Between the assets you collected while you were together and the emotional attachments you may have formed, deciding who gets what can quickly become a difficult discussion. To make the separation process simpler for you, contact a Sacramento property division lawyer.

California is a community property state, which means that all the assets are divided evenly between the spouses in divorce. Some assets may not fit into that category, but the list of excluded assets tends to be short. The court will aim to divide marital assets as fairly as possible, which means that not every asset will be physically divided. Instead, the entire marital estate will be equitably divided.

The Law Offices of Dianne M. Fetzer can help you understand what you need to know about property division in California.

Separate Property

Separate property typically refers to property that was obtained before the marriage. It can also include property that was obtained after a legal separation, through inheritance, or a gift that was given to only one of the spouses while they were married. This property will not typically be divided but property that has been commingled with community property becomes viable for division.

Types of Assets That May Be Divided

There are several kinds of assets that are subject to division during a divorce. First, it must be determined how many assets there are between the couple and which ones can be divided and which ones cannot. Then, those assets can be appraised. Sometimes, couples will have complex property division issues that require the assistance of an attorney. A few types of assets that can be divided include:

• Business interests
• Investments
• Bank accounts
• Vehicles
• Certain home appliances

Dividing Debt

Assets are not the only things divided in divorce. Community debts are also divided between the couple, such as personal loans, mortgages, car loans, credit card debt, tax debts, and any business debts.

Dividing A Business

Dealing with who owns a business after a divorce can get complicated. If you and your spouse cannot agree on what to do about the business, the court will look at several factors to decide what to do, including:

• When the business was started
• How much money it took to start the business and where it came from
• Who has been managing the business and any partners who may be involved

It is important to talk with an experienced Sacramento property division lawyer who can help you understand your options for negotiating who will own the business after the divorce. Attorney Dianne M. Fetzer can answer your questions about what will happen with the business and help you advocate for a fair agreement. Family Law issues such as these require careful consideration and legal expertise to navigate successfully.

Marital Settlement Agreement

Together, the couple can create a marital settlement agreement that gives an overview of how their property will be divided in Sacramento, CA. A family law practice can offer solutions and help create an agreement. The court must approve it as long as it is considered fair.

Sacramento Property Division FAQs

What Is the Process of Property Division in California?

The process of property division in California usually involves four steps. First, the types of property and assets must be determined. Then, the assets must be categorized as community property, separate property, or commingled property. After this has been completed, the assets must be appraised. Then, the property can be equitably divided.

How Many Years Do You Have to Be Married to Obtain Half of Everything in California?

There is no set length for you to be married to obtain half of everything in California. Rather, the marital property will be divided depending on what is considered community property and, therefore, is viable to be split between the couple. The duration of the marriage is not as important as what was obtained during the marriage.

What Property Is Exempt From Division in a Divorce in Sacramento, CA?

Property exempt from division in a divorce in Sacramento, California is any property considered separate. This includes gifts given to a single spouse, inheritance, or property brought into the marriage. For example, if you were gifted an item before you got married or if you inherited money, then that is considered separate property and not subject to division.

Who Controls the Division of Property?

In most cases, a judge controls the division of property. The judge must consider all factors of the marriage, such as the length of the marriage, the kinds of assets and debts, the health of both spouses, and their ages. It is up to the judge to determine how to divide the property fairly. A judge can, however, approve an equitable plan created by the spouses.

Contact Our Sacramento Property Division Lawyer Today

Figuring out who will get what can be a complex question. A property division lawyer can help you understand the laws regarding property and business division in a divorce.

The Law Offices of Dianne M. Fetzer can help you get the answers you need. We offer initial consultation at a reduced fee to help you understand what comes next in the divorce process.

Contact our Sacramento office at 916-565-1200 or contact us online to set up an appointment.