Effective Advice And Aggressive Legal Advocacy

The Uncertainties Of Property Division Are Stressful

You are entitled to receive half of your marital property in your divorce. There are some exceptions, such as when you received money or property as part an inheritance in your name alone and you treated that inheritance as separate property during your marriage. For example, you did not co-mingle the cash you received to pay for household bills or purchase car in both you and your spouse’s name and equal use during your marriage.

Whether you are embarking on an amicable divorce or dealing with a breakdown in communication and need an experienced legal warrior in your corner, call me to help draft or review the terms of your property settlement. I am Joshua W. Martin, an attorney who is a certified family law specialist by The State Bar of California, California Board of Legal Specialization. I draw from decades of experience in California’s family courts. I offer legal counsel, negotiation and divorce court litigation.

While 50% Seems Straightforward, It Is Not Always Easy To Achieve

Property division in your California divorce settlement can be one of the toughest hurdles to leap over. It is also a stressful obstacle when your soon-to-be ex will not budge on certain marital assets. If you do not have a prenuptial or marital agreement already in place, California laws consider all assets and debts accrued during the course of your marriage subject to the property division settlement in your dissolution.

In addition to your bank accounts, home and other marital assets and debts, your property division agreement will have to address other marital assets, including:

  • Retirement accounts
  • Family-run business
  • Professional practice
  • Stock investments
  • Additional real estate holdings
  • Cars and recreational vehicles
  • Art collections
  • Your pets

Do you really need a lawyer to split things up when you are spouse are mostly on the same page about the divide? If you and your spouse can agree to terms and the property division is fair, you could draft your own settlement agreement for the court to approve as part of your divorce. But modifications to this part of your divorce are almost never permissible and attempting to do so could be a costly court battle.

What happens when your spouse is spending the money, damaging your joint property and otherwise piling up debt or wasting assets? You may need to get a protective order to keep your spouse from continuing such actions.

Speak With An Experienced Property Division Lawyer Soon

When you are contending with a divorce in California, it is important to know your rights, understand the nature of your marital assets and debts, and protect your interests. Your future stability depends on it. Call The Law Office of Joshua W. Martin in Arroyo Grande at 805-250-0472 or send me an email to make arrangements for a consultation with me. I with help you protect your best interests so you can live your best life in the days to come following your divorce and other family law matters.