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Property Division

Ventura Property Division Attorney

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When going through a divorce, it is important for both parties involved to be able to make a clean break and start their life over. When divorcing couples begin to discuss splitting up assets, often times things can get a bit overwhelming. At the Law Offices of Janet L. Mertes, we can bring years of family law experience to your case. Let us help with determining a fair, clean break.

Contact us today for a free consultation.

How Are Property and Debts Divided in a Divorce?

In the state of California, property and debts are divided into two categories community property and separate property.

  • Community Property: In the eyes of the law, when two people marry, they become one community. In California each spouse owns one-half of the community property. You may have more community property than you think. Community property is considered any property acquired during the marriage. Some examples of community property include:
    • Homes purchased during the marriage
    • Cars purchased during the marriage
    • Debts accumulated during the marriage
    • Pension plans

Our Ventura family law attorneys can help you organize your assets and property.

  • Separate Property: This property includes anything you owned before the marriage or domestic partnership. Some examples of separate property include:
    • Gifts from your spouse
    • Inheritance
    • Property purchased before the marriage
    • Debt acquired before the marriage
    • Cars/motor vehicles purchased before the marriage

As long as the property stayed separate during the marriage, it would be considered separate property. However, for example if one spouse purchased a condominium prior to the marriage and refinanced while married, the property is no longer considered separate property.

A good tip for understanding the difference between community property and separate property is to examine the source of the money used to purchase said property and the time frame the property was purchased in.

Let Us Protect Your Rights and Assets in Your Divorce

While many couples are able to come to a fair agreement of property division before going in front of a judge, remember that any agreements of property division must be declared before a judge in a family court or it is not considered legally binding. If you or your spouse are unable to come into agreement, allow our Ventura family lawyers to help you manage an equitable divide of property.

You deserve a fair start and a clean break. Call us at 805.291.4858 to discuss your case during a free consultation.

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