Visalia Property Division Lawyer

Visalia Property Division Attorney

Divorce is rarely easy, and going through property division can be one of the most challenging and stressful aspects of the entire experience. With that said, you do not have to go through the process alone. Instead, working with an experienced Visalia property division lawyer to protect your rights and fight for your interests can make the process much easier.

You need a property division lawyer in a divorce to navigate complex financial issues, ensure fair valuation and identification of assets and debts, protect your financial future, and reduce emotional stress. A lawyer can handle complex legal matters, including business valuations, retirement accounts, real estate, and hidden assets, ensuring a legally sound and equitable settlement.

California property division laws can be complicated to navigate, and that is why reaching out to a Visalia property division lawyer at Chase Family Law can alleviate significant stress. When you contact our firm to speak with a family law attorney, you are more than just a number. We provide quality customer service that makes you feel like your case is important.

How Chase Family Law Can Help

With over 30 years of legal experience, Brian N. Chase has been guiding families through some of life’s most challenging transitions. Even if you have never set foot in Tulare County’s Superior Court of California, Chase Family Law has the knowledge and experience to help you through every step of the legal process.

As a local lawyer in King County, Brian brings his years of experience to his family law practice, offering legal advocacy with a community-focused approach. When you hire a family law property division lawyer at our firm, you know you are not just working with any Visalia property division attorney. We can begin working on your family law property division case as soon as you contact us.

What Is Property Division?

In California, property division during divorce involves equally dividing community property and keeping separate property, based on the state’s community property laws, where everything earned or bought during the marriage is generally shared, including income, real estate, vehicles, and debts, but pre-marital items, gifts, and inheritances often remain separate.

According to a 2022 research study, not all property divisions are equitable, and results vary by state. Property division in divorce generally means the court divides marital assets and debts equally (50/50) between spouses, as everything earned or acquired during the marriage (except gifts/inheritance) belongs to both equally.

Spouses can agree otherwise, or courts might adjust for unique circumstances such as prenups or specific contributions, ensuring a fair, but not always perfectly equal, outcome.

What Is Community Property?

Under state divorce laws, community property includes assets such as income, bank accounts, businesses, and real estate, as well as debts incurred by either spouse from the date of marriage until the date of separation. Property owned before the marriage or received as a gift or inheritance during the marriage generally remains separate and is not subject to division.

Common types of community property that often face division include:

• The family home
• Other real estate
• Vehicles
• Furniture
• Cash and bank accounts
• Pension plans
• Retirement plans
• Security deposits
• Business valuations
• Jewelry
• Pets
• Stocks, bonds, and other investments

If you have questions or concerns about community property and how the court might divide it, it’s important to discuss with your property division attorney during a consultation.

The “50/50 Rule”

California law mandates an equal division of the community property’s total value between spouses. This is the “50/50 Rule.” Although courts aim for a fair and equitable division, it often results in a literal 50/50 division of community assets, but they can also consider factors such as contributions to debts to achieve a fairer outcome. California is one of the few states that divides community property in this manner.

Why Should I Hire a Property Division Lawyer?

Finding the right Visalia property division lawyer is not easy, but there are many benefits to working with a skilled Visalia attorney. In addition to helping you navigate complex Visalia property division laws, protect your rights, and fairly value and divide assets, our legal team at Chase Family Law can also help uncover hidden assets, address tax implications, and reduce emotional stress by managing negotiations and legal procedures for a fair financial outcome in Visalia.

FAQs About Property Division Laws

How Is Property Divided in California?

California is a community property state, which means marital assets and debts are generally divided equally in a divorce, with spouses keeping their separate property, such as pre-marital assets, inheritances, gifts, or post-separation earnings. In addition to community and separate property, state laws also address commingling, which occurs when separate and community funds mix.

How Much Does a Real Estate Lawyer Cost in California?

The cost of a real estate lawyer in California can vary greatly, depending on the complexity of the case. There are several other factors to consider as well that can affect the cost of a lawyer, such as their location and experience. It is wise to consult with an attorney and inquire about their costs.

What Is the Biggest Mistake in Divorce?

The biggest mistake in divorce is letting emotions such as anger drive decisions, leading to costly, prolonged battles and poor long-term outcomes, especially harming children. According to psychological research, divorce can seem 95% emotional and only 5% legal. This is unsurprising given how many ways it can disrupt family life. Remember to focus on financial planning and prioritizing your children’s well-being.

What Money Can the Court Not Touch in a Divorce?

According to the state’s property division laws, the court generally cannot touch separate property, which includes assets owned before marriage, inheritances, gifts, and personal injury awards. With that said, one must carefully track these assets to avoid mixing (commingling) with marital funds, which can turn them into divisible property. Keeping assets completely separate from marital funds is key.

Discuss Your Property Division Case Today

When you are looking for a Visalia property division lawyer you can trust, finding the right one can be difficult. Here at Chase Family Law, we are ready to discuss your property division case and apply our legal experience to help you reach a fair settlement. When you hire a property division lawyer from our firm, you know you are in good hands. Contact us to schedule your initial consultation today.