San Jose Property Division Attorney

Get the Guideline-Based Guideline for Your Case in Silicon Valley

Whether you are divorcing or already have and are now dealing with child custody and child support, you may be wondering how property division works in California. Property division is one of the most complicated parts of a divorce, especially if there is a significant difference in net worth between the parties.

At the Law Offices of Nick Cvietkovich, our property division attorneys in San Jose will work with you to understand your goals and work with you to get you the property division you want.

Request a free consultation with our experienced property division attorneys in San Jose by contacting us online or by calling (408) 844-4016 today!

How Is Property Divided in California?

California is a community property state, which means that any property acquired by a married couple during their marriage is generally considered community property, regardless of who acquired or holds the title to the property. This includes income, real estate, vehicles, investments, and debts acquired during the marriage.

California law presumes an equal 50/50 division of community property between spouses during divorce or legal separation. However, this division doesn't necessarily mean each asset is split in half. Instead, the goal is to achieve an overall equal value in the division of assets and debts.

Keep in mind, separate property consists of assets and debts acquired by either spouse before the marriage, through inheritance or gift during the marriage, or after the couple legally separates. This property remains with the original owner and is not subject to division upon divorce. But unless there is sufficient evidence to prove otherwise, all property acquired by either spouse during the marriage is presumed to be community property.

Property division in California is based on the following factors:

  • Each party's contribution to the acquisition of marital property
  • Each party's contribution to the increase in value of marital property
  • Each party's contribution as a homemaker
  • The standard of living established during the marriage
  • The financial circumstances of each party
  • Any marital misconduct

In addition, the California Supreme Court has established guidelines for property division that a judge must consider. The following are the guidelines a judge must follow when dividing property in a divorce:

  • The court must divide marital property equitably, considering all relevant factors
  • Marital property includes both tangible and intangible property acquired by either spouse during the marriage
  • Property is divided based on the court's determination of each party's contribution to the marriage
  • The court must consider the length of the marriage when making a property division decision
  • The court may consider the value of a spouse's future earning capacity when making a property division decision
  • The court may consider the monetary value of marital property when making a property division decision
  • The court may also consider the marital property award to a spouse if the other spouse wasted marital assets

Do You Need a San Jose Property Division Attorney?

We understand that property division can be complicated and stressful. That is why we take the time to understand your situation and goals in order to help you reach a resolution that works best for you.

Our San Jose property division lawyers work with all types of clients, including those with high net worth and those with limited assets.  We have the experience and skills to help you through your California property division case.

Schedule an appointment with our property division attorneys in San Jose to get started today! Call (408) 844-4016 or contact us online.

California Property Division FAQ

  1. How is property divided in California? California follows community property laws, meaning assets acquired during marriage are generally split equally in divorce.
  2. What is community property? Community property includes assets and debts acquired during marriage, subject to equal division upon divorce.
  3. Are gifts and inheritances subject to division? Generally, gifts and inheritances received by one spouse are considered separate property, not subject to division.
  4. How does the court determine property division? Courts consider various factors including each spouse's earnings, contributions to the marriage, and future needs.
  5. Can property division be negotiated outside of court? Yes, spouses can negotiate property division through mediation or settlement agreements, avoiding court intervention.
  6. What happens to marital debt in divorce? Marital debts are typically divided equally between spouses, but the court may consider various factors in allocating debt.
  7. How can I protect my separate property? Keeping separate property distinct and documenting its origins can help protect it from being considered community property.
  8. What if my spouse is hiding assets? Discovery processes in divorce allow uncovering hidden assets, ensuring fair property division.
  9. Is property division affected by fault in divorce? California is a no-fault divorce state, meaning fault generally doesn't impact property division.
  10. Should I seek legal advice for property division? Consulting with a knowledgeable attorney can ensure your rights are protected and help navigate complex property division laws in California
“Nick has helped me and my family on multiple occasions, he is incredibly professional and will always look out for your best interest. I highly recommend talking to him and seeing how he can help your case.”


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