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Property Division

San Diego Property Division Attorney

When spouses enter into a divorce or a separation, the property owned by the spouses both separately and jointly during the marriage will be divided between the parties, either through an agreement that the court will approve if it is just and equitable or through a court order if the parties are unable to come to a fair agreement. consider getting a San Diego Property Division Attorney to deal with:

  • real estate, including family homes and second homes
  • personal property such as furniture and vehicles
  • savings and checking accounts
  • investments, including stocks, bonds, mutual funds, etc.
  • retirement benefits
  • family-owned businesses, etc.

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Dividing Assets and Property by Court Order

If the parties cannot reach an agreement regarding the division of assets and property and/or if one or more of the parties is not being cooperative in the negotiation and division process (i.e. one party is not providing full information about his or her property), the judge will have to divide the property between the parties. This process can involve complicated evidentiary showings and hearings.

The general approach that the judge will employ in dividing property is to allow each party to keep their own separate property, which is the property that each party came into the marriage with separately, or which was given as a gift to one party in particular (i.e. a wife receives an inheritance from an aunt that was intended only for her). The judge will, however, divide up what is referred to as “community property,” which is the property that the parties to the marriage acquired over the course of the marriage. The rules of community property can be extremely complicated, and are the subject of a separate page here, but generally any income generated by either party during the marriage or any property acquired during the marriage by either property with community funds will be considered community property. For example, if one spouse worked a job over 10 years of the marriage, and accumulated $1,000,000 in savings over that time, all of that money will be considered community property. The court will generally divide the community property in half between the two parties to the marriage. The distinction between what is community property and separate property can become quite intricate, such as in determining how much of a business or an ongoing pension plan is community property, and both parties are advised to consult counsel to make sure their rights in the property is protected.

  • “Tremendous to Work With”
    “Andy has a lot of experience, and he is responsive to his client’s needs. He was tremendous to work with during the painful process of divorce. I could not have chosen a better lawyer to work with during my divorce.”
    - Robert H.
  • “Cleaned Up A Mess”
    “Andy was on the ball, quick, and got the results I needed. Trust me, he is an excellent attorney and he really cleaned up a mess that my previous attorney made. Mr. Cook got me what my other attorney could not get.”
    - Former Client
  • “A General in the Battlefield of Litigation”
    “Attorney Andy Cook and his team of professionals were the best. With Andy in my corner, I felt like a winner. Always prepared and motivated, he removed a lot of my worries. A true General in the battlefield of litigation.”
    - Rod B.
  • “Excellent Experiemce”
    “I hired him to take care of my divorce and he and his team was very thorough during the whole process.”
    - Former Client
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Seek Experienced Legal Representation with a San Diego Property Division Attorney

The courts have wide latitude in dividing assets and property upon legal separation or divorce, and the rules regarding the fair division of property in California can be quite complex, so it is in your interest to speak with an experienced attorney who can help you navigate the process of dividing assets and property. The lawyers at the Law Offices of Andy Cook possess the knowledge, skills and abilities necessary to provide you with the representation you need in this critical area.

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Why Choose Andy Cook Law?

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