Property Division

Helping Clients Seek Positive Property Division Outcomes

You are most likely aware that California is a community property state. Therefore, any asset that was acquired during your marriage is considered community property. It belongs to both you and to your spouse. Far beyond your marital home, it extends to the ownership of your business, your real estate, retirement and investment accounts, and even your hobbyist collections. Separate property is property that was acquired prior to marriage or during marriage through inheritance or by way of a gift.

The concept of community property will guide property division in your divorce. The outcome can set the tone for the next part of your life. At Creative Family Solutions, Cecil Cianci Law, PC, we are highly experienced at handling division of community property, including complex cases. We understand our clients' goals, needs and future aspirations. Call us to arrange a confidential consultation: 916-756-4012.

Understanding Community Property Law

Our attorneys are available to answer your questions regarding community property. The community property of your marriage may include:

  • Pension plans, 401(k)s, other retirement funds
  • Real estate holdings
  • The ownership of businesses
  • Overseas investments or property
  • Stocks, bonds, annuities, CDs, notes
  • Collections (artwork, classic car, boats, etc.)
  • Personal injury awards

In divorce, the basic principle of the law is that community property is divided equally. However, this does not mean that every single asset is split down the middle. Community property can be divided in kind by considering its value when allocating other assets.

While separate property does not become community property simply because of the parties' marriage, both spouses can gain a community interest in separate property by contributing community property to assets. This will be taken into account during the division process.

Focus On the Most Relevant Issues

California does not recognize each person's fault regarding the reasons for the divorce. This means that the overwhelming majority of divorces proceed on grounds of irreconcilable differences. This means that the state does not take the underlying causes of the divorce into account when dividing community property.

The misbehavior of one or another spouse during the marriage or during the divorce process is only relevant to community property division if it rises to the level of a breach of fiduciary duty. The court will not award more property to one spouse because the other had an affair, behaved cruelly or otherwise violated the principles of a good marriage.

Aggressive Pursuit of Your Family Law Goals

Contact our Roseville-based law office to consult a lawyer who can help you focus on the appropriate strategies for pursuing your goals throughout the community property division process. Call 916-756-4012 today.