San Diego Property Division Lawyer

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 lawyer 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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California has one of the more complicated sets of laws in the country regarding the division of assets and property upon a divorce or separation. At the Law Offices of Andy Cook, we help parties who are going through a divorce or legal separation to understand their rights and best strategies regarding division of assets and property, while ensuring that the rights and interests of the parties are preserved and protected now and into the future.

Andy Cook Law: Your Trusted CFLS Attorney for Property Division in San Diego

At Andy Cook Law, you’ll find a dedicated team led by Andy Cook, a Certified Family Law Specialist (CFLS). As a CFLS attorney, Andy has gone through extensive training and testing to become a specialist in family law, and this specialization sets him apart from general family law attorneys, making him a trusted advocate for clients dealing with complicated issues like property division in divorce cases.

So, What Is a CFLS, and Why Does It Matter to You?

A Certified Family Law Specialist (CFLS) is an attorney who has been certified by the State Bar of California. This means they have proven experience and in-depth knowledge of all aspects of family law, including property division, child custody, spousal support, and more.

CFLS attorneys have undergone rigorous testing and continued education to maintain their certification, so you can trust that they have the skills and experience needed to get you through even the most challenging family law issues.

When it comes to property division in divorce cases, having a CFLS attorney on your side can be very beneficial. California is a community property state, which means that most property and assets obtained during the marriage are considered jointly owned and should be divided equally.

However, this division is not always straightforward, especially when it comes to figuring out what is separate property versus community property, valuing assets like businesses or real estate, or dealing with complicated financial situations.

A CFLS attorney, like Andy Cook, can guide you through the process with confidence. He has the knowledge to help you understand the rules around property division and to make sure that your rights are protected, so whether you’re dealing with significant assets or a more modest estate, Andy Cook Law can offer the proficiency you need to ensure a fair and equitable outcome.

Understanding California’s Community Property Laws

California follows a community property system, which means that most assets and debts accumulated during the marriage are considered jointly owned by both spouses. In a divorce, these community assets are generally divided equally, regardless of who earned or purchased them.

However, property acquired before the marriage — or through inheritance — may be considered separate property, which isn’t subject to this equal division. The challenge often lies in figuring out what is truly community property versus separate property, as well as being able to place a value on assets like real estate, businesses, or retirement accounts.

At Andy Cook Law, our property division lawyers can help you figure out what is community, and what is separate, making sure that your property is distributed correctly — and fairly.

Dividing Assets and Property by Agreement

Parties are free to come to their own agreement as to a division of their assets upon divorce as a way of avoiding the uncertainty and expense of a trial, and this agreement will have to be approved by a judge who will examine the agreement to determine whether it is fair under California law. Parties who reach agreements often do so through consultation with attorneys knowledgeable about what the fair division of property is under California law and who can negotiate with the other party to reach a fair and equitable division of property. This can be a challenging process where there are different kinds of property and where the property may be hard to value in accordance with each spouse’s contribution to the property, e.g., a house that the spouses each helped pay for and improve together or a family business that one or more spouses contributed to building.

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.

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.

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.

California has one of the more complicated sets of laws in the country regarding the division of assets and property upon a divorce or separation. At the Law Offices of Andy Cook, we help parties who are going through a divorce or legal separation to understand their rights and best strategies regarding division of assets and property, while ensuring that the rights and interests of the parties are preserved and protected now and into the future.

With Andy Cook Law, you’re not just getting a lawyer — you’re getting an advocate who understands the ins and outs of California family law and is committed to fighting for what’s in your best interest. If you’re facing property division in a San Diego divorce, reach out to Andy Cook Law to discuss how a CFLS attorney can help make this process as smooth and fair as possible for you.