Divorce is not just an emotional separation—it’s also a financial one. One of the most complex aspects of ending a marriage in California is dividing property fairly. Because California is a community property state, the law approaches property division differently than many other states. At Law Office of Michael L. Fell, we guide clients through this process with clarity and strategy, ensuring their rights are protected every step of the way.
What Counts as Community Property?
In California, nearly all assets and debts acquired during the marriage are considered community property, meaning both spouses have an equal interest. This can include:
- The family home and other real estate
- Cars, furniture, and household items
- Bank accounts and investments
- Retirement accounts and pensions
- Debts, such as credit cards or loans
It doesn’t matter whose name is on the title or account—if it was acquired during the marriage, it likely counts as community property.
What Is Separate Property?
Not everything gets split down the middle. Separate property generally includes:
- Assets owned before marriage
- Inheritances or gifts given to one spouse
- Certain personal injury settlements
- Property designated as separate in a valid prenuptial or postnuptial agreement
However, disputes often arise when separate and community property become mixed—for example, when separate funds are used for a down payment on a marital home.
How Courts Divide Property
The law requires community property to be divided equally, but that doesn’t always mean a 50/50 split of each item. Instead, the court aims for a division of total value that’s fair. For instance, one spouse may keep the home while the other receives investments of equal worth.
Factors that complicate property division include:
- Business ownership or self-employment assets
- Retirement accounts that require specialized division (QDROs)
- Hidden or undisclosed assets
- Debts that one spouse incurred without the other’s knowledge
Why Property Division Gets Complicated
Even with clear laws, dividing property is rarely simple. Couples may disagree on the value of assets, whether something is community or separate, or how to divide sentimental property like a family home. Without skilled legal representation, one spouse may walk away with far less than they deserve.
The Role of an Experienced Divorce Attorney
At Law Office of Michael L. Fell, we help clients:
- Identify and classify property accurately
- Work with financial experts to value assets fairly
- Protect separate property from being misclassified
- Negotiate equitable settlements outside of court when possible
- Litigate aggressively when necessary to secure a fair division
Our goal is to help you move forward with financial stability and peace of mind.
Protect Your Financial Future
Dividing property in a California divorce doesn’t have to leave you feeling overwhelmed or disadvantaged. With the right legal strategy, you can protect what matters most and build a solid foundation for your future.
Call Law Office of Michael L. Fell today at 949-585-9055 to schedule a consultation and learn how our family law team can guide you through property division with confidence.