Law Offices of Erik Steven Johnson

247 N. Third Street, San Jose, CA 95112

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San Jose Property Division Lawyer

Saratoga property division lawyer

Divorce Attorney for Asset Allocation in Campbell, Sunnyvale, and Santa Clara County

When a couple files for a divorce or a dissolution of a domestic partnership, the property they acquired during the course of the relationship is divided between them. Many separating couples go through long, stressful court battles because they are in disagreement over how the property is to be divided.

At the Law Offices of Erik Steven Johnson, we recognize how complicated dividing marital property can be. The process of divorce is already difficult—with factors such as spousal support, child support, and child custody that need to be arranged. Allow our skilled divorce attorney to assist you. Attorney Erik Johnson has over 10 years of experience tenaciously representing clients going through a divorce.

Types of Property Acquired During a Marriage or Domestic Partnership

The types of property that are divided between a couple following a divorce or legal separation can include:

  • Money
  • Houses
  • Furniture
  • Businesses
  • Pension plans
  • Stocks

In California, these types of property are considered to be community, quasi-community, separate, and commingled property. How the property is divided is dependent upon the type of property the state recognizes it to be:

  • Community property. The property that a couple in a marriage or domestic partnership obtains during the course of the relationship is referred to as community property. Community property includes the money or funds both spouses earned during the marriage and items or property bought with those earnings. Community property can also include debts that were accrued during the course of the relationship.
  • Quasi-community property. The property that a spouse or domestic partner obtains while living in another state besides California is referred to as quasi-community property. Quasi-community property will be considered community property following a divorce or dissolution of domestic partnership.
  • Separate property. Property that was obtained or owned before a marriage or domestic partnership is referred to as separate property. Separate property is not divided between a couple following a divorce or separation. It only belongs to the original owner. This type of property can include gifts or inheritance given to one spouse or legal partner during the course of the marriage or partnership. Any profits or cash acquired from separate property is also considered to be separate property.
  • Commingling community and separate property. Property may be both community and separate property when it is commingled, or combined together. A common example of how community property and separate property may be commingled is when a spouse has a pension plan from a job that was held before and during the course of the marriage. The contributions both partners made to one partner's pension before the marriage are considered separate property. The contributions made during the marriage are considered to be community property. After a divorce, the contributions are back to being separate property.

Dividing Community Property

In California, community property is often divided equally between married couples or domestic partners because each partner owns half of the property. There does not need to be a physical division of the property. For instance, if a married couple has two bank accounts, they can assess the amount of money each account contains and decide who will take over each account if they are relatively equal in value.

It is essential to keep in mind that even if a couple is in agreement on how to divide the community property, the property belongs to both of them under California law until a judge signs the agreement and issues a court order detailing the division.

Property Division Lawyer in Campbell CA

There are several factors that can affect the division of community property following a divorce or dissolution. For example, prenuptial and postnuptial agreements can drastically impact how community property is split between a separating couple. At the Law Offices of Erik Steven Johnson, we understand the numerous legal complexities surrounding property division. Our determined family law attorney, Erik Johnson, will effectively represent your interests in court and strive to obtain the legal outcome you desire. Call our skilled and determined family law attorney at 408-246-3004, or contact us online. We serve clients in San Jose, San Francisco, Saratoga, Palo Alto, and Mountain View.

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