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Specializing In Family Law Litigation And Mediation

Understand your property rights during a California divorce

When two Seal Beach residents end their marriage, they have to come to terms with the fact that their property must be divided. In California, property may be classified as community property or separate property, and each type of property is subject to its own rules of distribution. While separate property remains the property of the individual owner, community property must be divided equitably among the divorcing parties.

Community property is any property that the divorcing partners acquired during their union. It can be real property or personal property, financial assets or tangible items. It can be an asset or a liability. And, upon the initiation of a divorce, community property becomes subject to division and possible sale in order to satisfy the requirements of the court handling the marital split.

Equitably dividing community property does not necessarily mean dividing it equally among the divorcing parties. Equitable division involves looking at the relative positions of the parties, understanding the contributions that they made to the marriage and separating the shared items of property in a way that is fair. A party may challenge an item of property's classification as community property if they have evidence that they own the item separate and apart from their soon-to-be ex-spouse.

Property division and understanding the law surrounding community property are only a few of the important legal considerations parties must take on when deciding to end their marriages. Child custody and visitation matters, child support, spousal support and a host of other important matters all must be addressed when two people decide that they wish to divorce. To begin the process of ending a marriage, readers should consider speaking with family law attorneys in Seal Beach to learn about their responsibilities and rights.

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