Property division is one of the most well-known steps of the divorce process, possibly because it also tends to be the most time-intensive and conflict-ridden. After all, this is when divorcing couples must go through all of their belongings and decide on a fair way to divide those possessions between themselves. Depending on the length of the marriage and the amount and type of property that you share, this could last for many months. And we understand that property division is not simply figuring out who gets what after the divorce. Many times, the belongings you accumulated during your marriage carry with them the memories from the life you built together. This is why we want the process to be as speedy and stress-free as possible – so that you have time to heal from any negative emotions that may arise.
Property division is rarely cut and dried, but with our decades of combined experience, our team has seen even the most intensely chaotic cases to a satisfactory end. We have helped couples with complex property, such as private businesses or highly diversified investment portfolios. We have aided military members with hefty and intricate pensions. We have assisted individuals with a high net worth who possess large sums of money. And, of course, we have been there for the hardworking homeowners who may not own complicated pieces of property, but who wish to protect the assets they worked hard to acquire. Whatever the situation, we break down the entire process into manageable steps and clarify any confusion so that you can make fully informed, rational decisions.
No matter the level of complexity, property division is one of the areas of divorce that absolutely requires consultation with a skilled attorney. At the very least, you should consult with a lawyer before you begin your property division to create an action plan. However, time and time again we see people lose their hard-earned possessions when those plans go awry. This is why we strive to have some of the most affordable rates in Victorville – so that you can have constant, vigilant representation through the entire process. We have seen even the simplest cases escalate into courtroom battles, many of which could have been prevented had the couple had an attorney with more knowledge of property division tactics and laws within Victorville. Wanting to spare his clients from such disastrous results, Christian Schank and his associates set out to recruit attorneys who not only possessed expert skills and training but who had acquired immense experience working within Victorville courts specifically. Call us today to discuss your case at no cost to you, so that we may pair you with an attorney whose skills fit your needs.
Due to the complexities of property division, it can be difficult to know what to expect. Because California is a “community property state,” anything that was acquired after the date of marriage is considered shared (or community) property and must be divided accordingly. The term “property” includes anything that is worth monetary value. This could be houses, boats, furniture, land, vehicles, or heirlooms, but it could also include pensions, bank accounts, shared businesses, cash, or even debt. Anything that was acquired after the date of marriage is “put into the pile,” so to speak, even if you or your spouse purchased it as an individual. There are exceptions to this, however, but these depend on your specific situation and must be discussed with your attorney. Typically, the property will be divided on a 50/50 basis. Of course, in practical terms, property division is not so clean-cut, since you cannot take a knife and slice your house in half. Thus, 50/50 division means that you and your spouse’s belongings will be divided in the fairest, even way possible. This is good news since it means that a skilled and shrewd attorney has greater latitude to fight for your most-valued possessions by bargaining with assets that are of less value to you. Through tactical innovation and highly developed skills of persuasion, your lawyer will put together a negotiation strategy to protect your hard-earned belongings.
While the judge does have the final say when it comes to how the property will be divided, family law judges rarely make the decisions themselves and will usually sign off on the agreement that the spouses have written up together. This means that the couple must negotiate the property division between themselves, have an attorney draft the official agreement, and present it before the judge for approval. In order to do this, you and your spouse will sit down together with your attorneys and discuss who will keep what or if the certain property will remain shared after the divorce is finalized. While this process can seem daunting, it often allows you to retain more control over the way your property is divided.
However, we understand that tensions from the marriage often underly the negotiations, which is why we will be there to assist you through every session. We will help alleviate and resolve conflicts, layout an action plan to keep you and your spouse on track, be a source of clarity when stress may cloud your judgment, protect your rights and ensure that your voice is heard, and vigilantly fight for your best interests. Many couples are able to peaceably split certain belongings between themselves, but run into trouble when it comes to more valuable pieces of property and must have a third party make the decision for them. Typically, presenting your case before a judge and having them make the decision for you is the very last resort. After all, the judge does not know you and is typically not as sympathetic to your wishes. As such, they could arbitrarily make a decision that will end the arguments but leave both you and your spouse unsatisfied. We don’t want to add this stress to an already stressful period in your life, and we are prepared to exhaust every option to help you. We have quite a few tricks up our sleeve, and our unorthodox strategies have helped couples come to a satisfactory conclusion to even the most vehement and contentious arguments.
If you think that we could help you and would like to receive more information, call our office today at no charge to you and discuss your options with one of our representatives.
