California Family Code 2581

California Family Code 2581 Attorney

In a divorce, one of the most contentious topics is that of property division, or how assets and wealth will be split between the couple. This can be an especially difficult aspect of high-asset divorces, such as those involving business, medical practices, or individuals in an executive position at their employment. Typically, California follows community property rules. However, under California Family Code 2581, there may be some exceptions.

When property is acquired in a marriage and held jointly between the couple, this property is legally considered to be community property. This can include any property that is held in title as joint tenancy, tenancy in common, tenancy by the entirety, or community property. If you are facing the division of property in a California divorce and your spouse may not have a claim to certain forms of property, Quinn & Dworakowski, LLP, can assert your rights.

What Is California Family Code 2581?

If you are concerned about how your marital property will be divided in your California divorce, you have some legal options available to you. Typically, California operates as a community property state, so all property and debt that was acquired during the marriage by either party is considered to be shared equally between the couple. In a divorce, it should therefore be split accordingly.

This can also include property that does not use the phrase “community property” in any title documents. In California, this can include:

• The family home
• Any other real estate properties, such as rental units or investment properties
• Businesses
• Stock options or pensions
• Retirement plans, such as IRAs or 401(k)s
• Collectible items of worth, such as antiques
• Insurance policies and proceeds
• Furniture
• Vehicles
• Any debts

However, it is important to keep in mind that, under California Family Code 2581, the presumption of community property affects the burden of proof. Therefore, it may be rebutted by either party in one of two ways. These include:

• Proof that you and your spouse have made a written agreement, stating that the property in question is, in fact, separate property
• Evidence in the form of a deed or other document, demonstrating that the property in question is not community property and is, in fact, separate property

If there is property currently held in joint form by you and your spouse that should be considered separate property under California Family Code 2581, you need to consult an attorney. They can assist you in gathering the necessary evidence to prove your stance on the matter. At Quinn & Dworakowski, LLP, we can do just that.

Quinn & Dworakowski, LLP: Your California Property Division Attorneys

The division of property can be one of the most fiercely debated aspects of a California divorce. You have worked hard to earn certain wealth and assets, and it can be devastating to have to split some of those assets with your divorcing spouse, especially if they may not have any true claim to whatever the property in question may be. At Quinn & Dworakowski, LLP, we understand the legalities of property division, including California Family Code 2581.

With over 30 years of experience, the attorneys at our firm can work hard, using their resources to make sure you receive what you are due. Should you wish to petition the courts to view certain property as separate property, we can gather the necessary documentation and evidence to support this petition.

FAQs About California Family Code 2581

How Much Does a Property Division Attorney Charge in California?

In California, it can be difficult to offer an exact estimate on how much it might cost to hire the services of a property division attorney. Their aid can be invaluable, as they can assist you in exercising your rights as outlined in California Family Code 2581. Nevertheless, there are several factors that could impact the final cost analysis. These include the complexity of the case, how long the case may last, and the skill level and experience of your attorney.

How Is Community Property Valued in a California Divorce?

When valuing community property in a California divorce, there are several ways to approach the task. The exact method depends on the nature of the property being valued. For real estate, the couple will want to have a market value of the property assessed. Unique and personal assets will need to be appraised by a professional. A financial analyst can review the couple’s financial documents. It is critical that this evaluation of a couple’s estate take place. This allows all stakeholders to understand the couple’s financial situation before proceeding to the asset division phase.

How Long Does It Take to Resolve Property Division in a California Divorce?

In a California divorce, it can be difficult to estimate beforehand how long it might take to resolve the issue of property division. Multiple factors will affect the overall timeline. These include the complexity of the case, the nature of the property owned by the couple, and whether one of the parties seeks to petition the court over certain community property.

What Situations Call for an Uneven Distribution of Marital Assets in California?

California operates under the community property rule, so all property and debt that was acquired during the course of the marriage is subject to even distribution. Nevertheless, there are certain conditions and situations in which the courts may disregard this and split the property unevenly. These can include the presence of any prenuptial agreements in place or the couple reaching a written agreement on what can be considered separate property.

Contact a Trusted Property Division Lawyer Today

If you are seeking a divorce in California and are concerned about the division of community property, it’s time to consult an attorney from Quinn & Dworakowski, LLP. We can review the details of your case and offer our counsel on what you might be entitled to under California Family Code 2581. If there is community property that you believe should be viewed as separate property, we can help you prepare the relevant legal petition and assert your interests. Contact our offices today to learn more about our services.