Tulare Property Division Lawyer

Tulare Property Division Attorney

One area of divorce that is often the hardest for divorcing couples to agree on is property division. The truth is, it’s better to agree on the division of property in private or via mediation because the alternative is the court making the decision for you as a matter of public record, which anyone can see. A Tulare property division lawyer can help.

Coming to an agreement that both parties can accept and not feel bitter about after is ideal in any divorce. If this sounds like something you want, Carlos Navarrete Law Firm offers high-quality legal services on family law matters, including property division and other common issues of divorce.

We are well-respected in the courtroom because we stand up for our clients’ rights. We fight for every case we take on, and we can fight for yours, too. In Tulare County, divorce cases are handled by the Family Law Division of the Superior Court of California, County of Tulare. We can assist you in filing for divorce at the Visalia Courthouse at 221 S. Mooney Blvd., Room 202, Visalia, or the South County Justice Center at 300 E. Olive Ave., Porterville, depending on your location within the county.

Common Disagreements in Property Division

Divorce property disputes often arise when spouses cannot agree on how to divide marital assets, such as homes, bank accounts, or personal belongings, leading to contentious negotiations. Common disagreements center on assessing the fair market value of shared assets.

With an average household income of around $90,000 in Tulare, couples in this area have a lot to discuss when it comes to splitting everything 50/50 according to California’s community property divorce law. Some of the most frequently cited property division quarrels stem from the following:

• To sell or keep property. This dispute comes up most commonly regarding the marital home. Both sides usually present a great case for keeping or selling the property, and both sides also either have a great plan of how they’ll spend the money when it sells or how they’ll live in it indefinitely. Other marital property also falls into this category, including cars, stocks, companies, investment properties or accounts, and other valuables or collections, for example.
• Valuation discrepancies. It doesn’t take long for spouses in high-asset divorce cases to disagree on the worth of assets, from personal property and vehicles to real estate, jewelry, or art. There are often mismatched terms when it comes to valuing the worth of marital property, depending on who wants it or who actually purchased it during the marriage. This is when a good Tulare property division lawyer with excellent negotiation skills can come in handy.
• Accusations of hidden assets. In far too many cases, one spouse is typically accusing the other spouse of hiding assets that otherwise would be considered as marital property, so they may not be subject to division in the divorce. An experienced property division lawyer in Tulare has trustworthy contacts like forensic accountants, who are trained to analyze bank records, credit card receipts, and every financial record possible to find hidden or overlooked assets.California’s Complete Financial Disclosure requirement for all separating/divorcing marriages states that both parties in a divorce must divulge an honest and complete disclosure of all financials in a divorce or separation case, and it is illegal not to. The issue many individuals face is the complexity of the legal requirements of this disclosure. To ensure you file the forms properly and in a timely manner, enlist the help of a Tulare property division lawyer.
• Division of debts. Of course, responsibility for debts is a sensitive subject, especially if one spouse caused a large amount of the marital debt. The courts see assets and debts as equally owned and therefore equally divisible.
• Community property vs. separate property. Anything acquired after the date of marriage and before the date of separation is considered community property and subject to a 50/50 division in a California divorce. While the date of marriage is a definitive marker in identifying community property, the date of separation is sometimes arguable. It can get heated when one spouse says they decided to divorce on a certain date, but the other spouse argues it was the day they left.

FAQs About Tulare, CA Property Division Laws

What Is the Property Division Law in California?

In California, property division within a divorce is split 50/50 when assets are community property and not split at all when assets are separate property. This may seem straightforward; however, the lines can blur very quickly, and disputes regarding the family home, vehicles, bank accounts, and other real estate and property assets are not infrequent or uncommon. A property division lawyer can help iron out differences when the division of assets is up for debate.

What Are Property Lawyers Called?

Property lawyers typically focus on a range of real estate issues, such as buying, selling, or resolving disputes over property ownership, leases, or boundaries, and usually do not focus on divorce-related matters. Property division lawyers, a subset of family law attorneys, practice in handling the equitable distribution of marital assets during divorce, including real estate, financial accounts, and personal property.

While both may deal with property, property division lawyers are proficient in navigating the legal complexities of divorce settlements.

What Assets Cannot Be Split in a Divorce in California?

California law defines assets that are not subject to division in a divorce as assets, property, and debts acquired before the marriage began or after the marriage was over, which are referred to as separate property. Separate property also includes assets that are protected from division in divorce, such as gifts given to just one spouse or inheritances that were inherited by just one spouse.

How Do You Split a Property in California?

In California, property is split in a divorce according to the community property law that governs California divorces. Under this law, anything acquired during the marriage is considered community property and subject to a 50/50 division between the two spouses upon divorce. Anything else that was acquired before marriage or after marriage, inheritances, or gifts, is not subject to a 50/50 split upon divorce.

Reach Out to a Seasoned Tulare Property Division Law Firm

If you and your spouse have hit a brick wall when it comes to property division amid your divorce, Carlos Navarrete Law Firm is here to tell you that there is a solution, and we can help you find it. Contact our legal team to request a consultation regarding your case.