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Seek Fair Divison of Property

Property Division Attorney in Ventura

Representation From An Experienced Divorce Firm

The state of California requires that all property and debt that is acquired during a marriage is equally divided amongst the spouses. This can be a complex and time consuming process due to the need to divide community property and determine the worth of property. Property division can become even more difficult if there is hostility between spouses and they cannot reach agreements on their own.

If this is the case, a judge will have to make the determinations regarding marital property and how it will be distributed between the parties. California uses 'community property' as the property division method, rather than equitable distribution like many other states.

Do you have questions regarding your property and the way it will be divided in California? Contact a divorce attorney from Negley Law, APC. We represent clients in Ventura, Thousand Oaks, and all of Ventura County, CA.

What is Considered 'Community Property'?

Property in California is divided and mixed into separate and community property.

Property that is 'marital' or 'communal' includes:

  • Property that is accumulated during the time that the couple was married
  • All wages that were earned throughout the term of the marriage
  • All debts that were incurred during the marriage
  • Any benefits, retirements or pensions that accrued interest while the couple was married

All the property listed above will be divided equally among both spouses if they are getting divorced. The debts that are considered community property would be any unpaid credit cards, mortgages and loans from the marriage. If the property is not community property, it will be separate or a mix of community and separate.

What is 'Separate Property'?

Property that is considered 'separate' will be awarded to the spouse that owns it.

Separate property includes:

  • Personal gifts
  • Inheritance
  • Personal injury case rewards
  • Property that is owned separately and purchased outside of the joint funds
  • Business that was owned before the marriage
  • Property owned before the marriage

There are cases where property can be both marital and separate and the determination of distribution can be complicated. For example, a business owned before the marriage is separate property, but if that business gains value during the marriage, the increase of earnings can then be seen as community property. Also, if property was purchased with a mix of joint funds and also separate funds, it can be both separate and marital.

How is property divided in CA?

The property deemed community property will be divided equally. There are no exact regulations for how this is done and the assets can be divided according to value. Overall, as long as the net value of the assets is split equally, it is considered settled. Some of the types of distribution include: cash out distributions, reserved jurisdiction distributions, 'in kind' distributions, deferred division distribution plus more. When it comes to the separate property, it goes to the owner. The judge will then have to make determinations regarding the property that is both community and separate. This entire process can be time consuming and overwhelming, it is beneficial to have a Ventura property division lawyer by your side throughout the process.

Obtain Representation from Negley Law, APC

If you are going through a divorce, an attorney from our firm can help you with all the issues involved. Property division is only one of the matters that will need to be resolved when filing for divorce. Negley Law, APC offers a free initial consultation where you can discuss your case and the process of property division at no cost.

Contact us right away for the experienced divorce counsel in Ventura that you need!

Why Choose Negley Law, APC?

  • Prompt & Professional Legal Advice & Service

  • Over 20 Years of Combined Experience

  • Highly Recommended by Clients

  • Certified California Family Law Specialists

  • Avvo Reviews
  • Avvo Client's Choice
  • Avvo Clients Choice 2018
  • Avvo Top Attorney
  • 2013 Top Lawyers in California
  • AV Peer Review Rated
  • Avvo Featured Attorney Family Law
  • Certified California Family Law Specialist
  • Ventura Chamber of Commerce
  • Ventura County Bar Association

Testimonials From Our Clients

See How We've Helped Our Past Clients Resolve Their Family Law Matters
  • “I felt very confident in court today because of all your hard work and it paid off!”

    J.C.

  • “There’s no better lawyer to represent you than John Negley.”

    Christopher Connolly

  • “what's most important to me is that you carried yourself with me and my wife in a honorable manner.”

    J.A.

  • “exceeded expectations by under promising and over delivering.”

    J.R.

  • “You and your firm are true professionals. You are fantastic.”

    r.g.

  • “He did a good job, has a great disposition, good manners, good poise, conducted himself properly at all times.”

    T.H.

  • “Things went great and you're an awesome lawyer. Thank you so much for all your help and advice. ”

    C.Y.

  • “I am glad I found you guys. I really appreciate your help!”

    L.C.

  • “John is doing a terrific job on my case and I am very happy.”

    A.F.

  • “Thank you for enforcing the court's order. You are the best.”

    C.S.

  • “I appreciate all your hard work.”

    k.c.