Santa Ana Property Division Lawyer

Santa Ana Property Division Attorney

If you believe your spouse is not going to treat you fairly in a divorce, a Santa Ana property division lawyer can be your champion. Our Santa Ana divorce lawyers defend your rightful assets and ensure you receive what belongs to you. We handle every aspect of the property division process and prevent opposing parties from using legal game playing or delay tactics against you.

About Minyard Morris

Minyard Morris was founded by attorney Mark E. Minyard. We are the firm for clients who demand excellence in every aspect of their divorce representation. Our team of creative legal professionals uses decades of experience to quickly identify the important issues in every case and work diligently to exceed our clients’ expectations.

Minyard Morris has 20 attorneys who provide a broad-based scope of experience and knowledge. The firm’s lawyers meet three times a week to analyze cases and discuss trial and settlement strategies. Our collaborative system gives you access to all 20 Orange County family law attorneys’ knowledge and strategies at Minyard Morris, which sets us apart from other family law firms.

Understanding Property Division in Santa Ana

Property division in California, including Santa Ana and the rest of Orange County, is subject to California community property law. Generally, all property and debts acquired during marriage are presumed to be community property, meaning they are owned equally by both spouses.

However, equal does not always mean each party receives of all property. Property owned before marriage, gifts, inheritances, or property acquired after separation can be considered separate property. Certain property that may come into question includes property acquired by one spouse who may have lived elsewhere during a portion of the marriage.

Family law cases in Santa Ana, California are litigated in the Central Justice Center, as well as at the Lamoreaux Justice Center.

Examples of Community Property in Santa Ana Divorces

In Santa Ana divorces, one of the first and most important issues is identifying community property. In California, most property acquired during the marriage is considered to be owned by both spouses equally, regardless of who actually earned it or what the title says. That means a lot more property is community property than you might think. Community property typically includes:

• Income earned by either spouse, including wages and bonuses
• Real estate purchased while married, whether residential or investment
• Retirement accounts and pensions
• Personal property, such as art, vehicles, and furniture
• Debts, including credit card debt, loans, and mortgages
• Digital assets, such as cryptocurrency, are also subject to division.

Separate property, on the other hand, includes property obtained before or after the marriage, inheritances, and gifts. Disagreements typically arise when spouses disagree over what is community and what is separate property, or when dealing with the division of complex assets like retirement accounts. For example, if inheritance money was used to pay for a home, this could raise a dispute.

Knowing these differences is important since many spouses attempt to disguise or improperly categorize property. At Minyard Morris, we handle property division issues by reviewing financial records, uncovering hidden property, and, if necessary, by presenting clear evidence in court to help you receive what you are entitled to under property division laws.

The Process of Property Division

Property division cases start with each party making financial disclosures. In these financial documents, both spouses must reveal all assets, debts, and income. According to the CDC, there were 2,041,926 marriages in the United States. This equated to a marriage rate of 6.1 per 1,000. There were 672,502 divorces reported in the United States (with 45 states reporting figures; California was not one of them) and a divorce rate of 2.4 per 1,000 population.

After the disclosures are exchanged, your Santa Ana property division attorney will determine what property is community property and what, if any, property might be separate property. The valuation of assets is typically done by appraisers or forensic accountants to ensure that the assets are valued correctly. We will engage in negotiations, but we are prepared to litigate your case in court if required.

In the courtroom, your Orange County divorce attorney will present evidence, cross-examine any adverse professional witnesses, and advocate for property division orders. After a judgment is rendered, we ensure that the orders are enforced.

FAQs

What Is the Property Division Law in California?

California is a community property state. This means that, in most cases, each spouse owns half of the assets and debts acquired during marriage. Assets that are owned by one spouse only are called separate property. Some examples of separate property include assets owned prior to marriage and inheritances. The court also takes into consideration commingled property, business interests, and retirement accounts.

What Is the Difference Between a Divorce Property Lawyer and a Real Estate Lawyer?

A divorce property lawyer deals with subject matters that include the division of assets during divorce proceedings, disagreements regarding ownership, and money issues between individuals. Real estate lawyers deal with matters involving the buying, and selling, of real estate, which include land contracts, zoning issues, and landlord-tenant matters.

Property lawyers deal with the rights to own property in divorces.

What Are the Five Steps of Property Division?

Property division generally starts with each spouse’s financial disclosure of assets, income, and debts. The second step is identifying community vs. separate property. The third step is valuation, and professionals are sometimes brought in for an accurate valuation. The fourth step is negotiating an agreement or having court hearings if one spouse is not cooperating. The final step is the parties settling the issues or the court ordering a division of the property.

Hire an Orange County Property Division Lawyer

If you are going through a divorce, hire a property division lawyer to assist with this legal process and to uphold your rights. Contact Minyard Morris today to get started.