Property division in a divorce can lead to disputes

Deciding to end a marriage in California can be tough on a person's emotions, particularly when it comes to property division. People often have a sentimental attachment to certain pieces of property or may have strong feelings as to what property is "theirs." They want to see both that their property is divided fairly, but also that they are not "short-changed" when the divorce is finalized.

As discussed before on this blog, in the state of California, any property obtained while a couple is married is split equally between the spouses, should they divorce. However, in reality the "50-50" formula is not always so easy to implement, and often, disputes arise.

One dispute that affects property division is how the property is characterized. A spouse may believe that a piece of property should be considered separate property instead of community property because community property is divided, while separate property is not.

Moreover, to ensure an equal division of property, it is necessary to have an accurate idea of how much the property is worth. This is especially important for complex or highly valuable assets, including collections, artwork, family-owned businesses and the marital home or other types of real estate owned.

Sometimes, disputes arise when it is suspected that one spouse is hiding assets or has not provided a complete disclosure of all of his or her finances. Having inaccurate information can complicate the property division while these issues are being investigated and sorted out.

These are only a few types of disputes that can arise during the property division process. Therefore, when disputes arise, it is important to have the representation of a family law attorney.

An attorney can strive to reach a resolution that is fair. If a couple has many high net-worth assets, attorneys can work together with other professionals to protect their client's best interests in the divorce.

When it comes to property division and other divorce issues, it is important to have a strategy in place to ensure that your interests are protected. An attorney can help in this endeavor. For those who need more information about the division of assets in California, the following overview by Kevin Qualls Family Law may be of use.