Property Division

The recent financial crises have left many families and couples in financial circumstances that they would have thought unimaginable 10 years ago. With millions of California families having experienced the ravages of problematic mortgages, business failures and income losses, the allocation of community debt is often as much of a concern as the division of community assets in divorces and partnership dissolutions.

Like community assets, community debt is also subject to equal division under the law. Since California is a "no-fault" state, the law does not divide assets and debts based on responsibility for a relational breakdown. There may be some circumstances in which the court would divide debt unequally, and we are able to guide you through that process. Having the help of a family lawyer who understands how community debt is evaluated and divided is essential.

Help With the Fair Division of Assets And Debts

If you are going through or anticipating a divorce and you are concerned about what will happen with your assets and debts, our attorneys can help. We are skilled and effective when it comes to reaching favorable outcomes for our clients with regard to:

  • Debt characterization: We can help you understand what debts may be considered separate property (belonging to one party) and what debts may be characterized as community property (belonging to both parties).
  • Division of unsecured debt: We can assist you in addressing unsecured consumer and business debt, which includes credit card debt and medical bills.
  • Mortgage debt: Our attorneys have worked with many clients in dealing with "upside down" houses, second mortgages, short sales and foreclosures
  • Bankruptcy: If you and/or your spouse have filed for Chapter 7 or Chapter 13 bankruptcy relief or you are considering bankruptcy as a solution, we can represent you in seeking financial outcomes that will be best for you and your family. In some cases, the timing of a bankruptcy is important if you are going through a divorce or partnership dissolution.

Contact Us for a Consultation

The property division attorneys at Creative Family Solutions, Cecil Cianci Law, PC can answer your questions about assets and debts in divorce. Contact us online or call 916-756-4012 to schedule a reduced-fee consultation.