Property Division Attorney in Hermosa Beach, CA
The complications surrounding property division in a Hermosa Beach divorce can be some of the most highly contested. Whether you and your spouse own a condo on The Strand or a string of businesses throughout Los Angeles County, you need a Hermosa Beach property division lawyer who can work hard to protect your property and ensure that the integrity of your hard-earned assets is preserved.
Rombro & Manley LLP: Protecting Your Rights to Property
At Rombro & Manley LLP, our attorneys have been helping clients throughout California secure their property rights during divorce proceedings. Whether you’ve been married for a few years or decades, you are entitled to a fair share of all marital assets, and we are here to ensure that fair share is protected. As an experienced family lawyer, we have been offering compassionate guidance and stalwart advocacy that our clients deserve for years, and we are ready to turn our time and attention to you.
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Property Laws in a Hermosa Beach Divorce
Around 1,414 residents of Hermosa Beach are divorced. When it comes to marriage dissolution, it can be helpful and comforting to know you are not alone, especially when tensions rise regarding the legal division of marital property.
California follows community property laws, meaning that any assets or debts acquired by either spouse during the marriage will be subject to a fair split. Common community property can include:
- The family home
- Vehicles or boats
- Retirement accounts
- Pension plans
- Investment accounts
- Any other real estate holdings, such as a vacation home or commercial real estate
- Business interests or professional practices
- Collectives, jewelry, or art
- Home furnishings
- Personal items of property
- Any debts such as home mortgage loans, credit cards, or personal loans
On the other hand, anything that is deemed to be separate property is not subject to a division. It is essential to understand what constitutes separate property, as this knowledge can help you protect these assets during your divorce. Separate property includes:
- Any property which was acquired by one spouse before marriage, such as a car with the title only in the husband’s name, that was not purchased during the marriage.
- Any debts, which were acquired by one party before marriage, such as student loans
- Anything that was given to one spouse before or during the marriage as a gift or item of inheritance.
Factors Considered During a Property Division Case
Once all items of separate and community property have been identified, the next step will be to equally divide the community property between the couple. Keep in mind that parties may stipulate in writing on how the property is divided. If the couple is unable to reach an agreement regarding this split on their own, they will need to seek a family court judge’s decision.
When making this decision, the judge will take various factors into account, including who has been the party who used the asset, such as a vehicle, or run the business during the marriage. In California, the average percentage of people who have been married at least once is 61.6%. The lengths of these marriages tend to vary, and this typically impacts the quantity of community property subject to property division.
- Unless an exception applies, the court is required to value the property as close as possible to the time of trial.
- The court has broad discretion in determining the method of division. This means that the court is not required to divide the property in kind but must ensure equal division.
- Debts. All debts that have been acquired during the marriage, by either party, will be subject to an even division. However, in cases where the debt exceeds the assets, the court assigns debts as the court deems just and equitable considering factors such as the parties’ ability to pay.
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FAQs About Hermosa Beach, CA Divorce Laws
How Can I Protect My Assets from a Divorce?
One of the easiest ways to protect your assets from divorce is by signing a prenuptial or postnuptial agreement. In today’s day and age, nearly 50% of all adults are open to establishing these arrangements and have started to see them as less of an unromantic gesture and more of a smart move to protect their future in the event of a divorce.
What if I Own Property in Another State?
When property is owned in another state and has been acquired while the marriage was active, it will be considered quasi-community property. Quasi-community property located outside of California is still subject to the community property laws of the state and therefore, any property owned outside of the state will still need to be divided evenly between the divorcing couple.
How Can a Property Division Attorney Help Me?
When a couple sits down to divide their property in a divorce, they should hire an attorney to help them. Your attorney can help assess and assign value to your debts and assets, negotiate any disputes regarding the division, work with financial professionals, like forensic accountants, to uncover any hidden assets, and work to protect your rights overall.
How Can I Tell if My Spouse is Hiding Assets in California?
In a property division, it is all too common for a spouse to try to hide assets from the other. There are many signs to watch out for if you believe your spouse is trying to hide assets from you, including unusual spending, the giving of large loans to close friends and family, sudden withdrawals, and income being underreported.
Hire a Hermosa Beach Property Division Lawyer from Rombro & Manley LLP Today
At Rombro & Manley LLP, we are passionate about protecting our clients’ assets. In addition to your property rights, we offer guidance on a myriad of divorce issues, including child custody, spousal support, and other areas of high conflict. When you want to protect what matters most from one of the most difficult experiences of your life, contact our Manhattan Beach offices and hire a property division lawyer you can trust.