Property division issues have the potential to set off heated disputes in a divorce. After all, the assets that supported one household now must support two households. In order to give yourself the best chance of obtaining a favorable resolution, you need a San Diego asset division attorney who will provide strategic counsel and persuasive advocacy. The Law Offices of Daniel J. Martin in San Diego can protect your rights and help you reach a favorable outcome.
Dividing Property With a San Diego Attorney
Our San Diego division of property lawyers frequently tell our clients to know when to fight and know when to settle. Simply stated, in property division disputes, it is almost always better to negotiate a settlement than it is to fight over property in court. Litigation is expensive, and frequently, the only people enriched by litigation are the property division lawyers on each side. Our attorneys in San Diego, California can and will argue persuasively to the court if it is necessary. In the overwhelming majority of division cases, however, you will save money and reach a very similar result if you and your spouse are willing to negotiate a property division agreement.
California Community Property Law
California is a community property state. This means that all assets and debts the parties acquired during the course of the marriage are presumed to be community property and part of the marital estate. All community property must be divided equally in a divorce or seperation. The end result is to try to get an equal division of marital assets. While this sounds straightforward on the surface, there are many issues that must be adequately addressed. For instance:
- How will a mortgage be divided, particularly if the mortgage is "underwater?"
- How will unique property, such as a family-owned business, be evaluated in a property settlement?
- If one or both spouses are in the military, how will military pensions and other benefits be divided?
- What if the parties entered into a prenuptial agreement? Is the agreement enforceable?
Our asset division law firm is ready to assist on these and any other issues that may arise. We are dedicated to helping you reach a result that protects your rights and helps you move forward.
Contact Our San Diego Property Division Lawyers Today!
Call 619-717-2072 or e-mail our San Diego Divison Lawyers to schedule a consultation to discuss your divorce.
