Getting a Property Division Lawyer in San Jose California

One of many issues that must be addressed by you and your spouse during a divorce is how your property will be divided. In California, property that you and your spouse accumulated during the time is Community Property and will be equally divided 50/50 during the divorce proceeding. A judge has to determine what property has to be divided, and how it should be divided. This is different from the "Equitable Distribution" states where property division is handled in a way deemed "most fair" to both sides.

At The Law Office of John H Perrott, we have been helping people in situations similar to yours for close to two decades. Our attorney is prepared to protect your rights so that you aren't robbed of any property or assets that are rightfully yours. Our goal is to work alongside your ex-spouse's attorney for a fair resolution, but we will not back down in fighting for you. Schedule an initial consultation to learn more.

How Asset is Divided in a California Divorce?

Property Division Divorce
California is one of the nine states that using community property rule. Dividing assets via community property is the result of the Uniform Marital Property Act of 1983. This made the division of property during divorce easier, as even homes were considered 50/50.

Proper valuation is necessary to ensure that your assets are distributed fairly. It is also necessary to determine what assets, if any, one party owned before the marriage. These are pretty big factors. Assets can include vehicles, homes, jewelry, antiques, art, businesses, retirement accounts, and investment accounts.

In California, during a divorce and property division, the court will look at:

  • The overall length of the couple’s marriage

  • The income and property of each spouse

  • The non-financial contributions of each spouse

  • The age, health & earning capacity of both spouses

  • Whether or not spousal support was awarded

  • The liquid & non-liquid nature of the property involved

What Property Am I Entitled to in a Divorce?

Under California community property laws, only your “marital property” will be divided during a divorce in California. This means that you and your spouse will get to keep any separate property that was brought into the marriage. That means you can keep your separate property; 1) acquired by spouse prior to the marriage; 2) Received by one spouse as an inheritance or gift; 3) Acquired as compensation for a personal injury; 4) Characterized as such in a prenuptial agreement

Marital property includes any assets that were acquired during the marriage, regardless of who holds the title. With few exceptions, this may include both spouses' income, purchases made with that income, and retirement benefits.

Let Our Family Law Specialist Guide You Through the Process

California Family Law Specialist LG

The decision of whether to hire a property division attorney to help your is entirely your decision, but in most cases handling your divorce on your own will not be your best decision. We have handled hundreds of spousal support, property division cases. You can rely on our firm to help you through this difficult process.

San Jose Family Law Attorney John H. Perrott has over decade of experience in divorce and family law issues in California. He is a top-notch San Jose Divorce Lawyer and is committed to providing his clients with diligent and zealous advocacy in their divorce proceedings. If you need the assistance of a good Family Law Attorney to help your divorce case in California you should contact the Law Offices of John H. Perrott, A PROFESSIONAL CORPORATION, to set up a fee 30 minute initial consultation.

1625 The Alameda, Suite 208
San Jose, California 95126
Tel: 408-294-4600
Fax: 408-295-5811
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Phone: 408-294-4600
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