Reaching Agreement on the Division of Property

In California, property you and your spouse owned together during your marriage is considered "community property." The concept of community property can be difficult to understand, especially when only one person holds the title to the property, or only one person paid for an asset.

Splitting property equitably can be difficult. Many times, people have emotional attachments to property that makes it difficult for them to negotiate. Part of the value of working with an experienced, patient, and understanding California divorce lawyer is that a seasoned attorney has develped insight into these situations and can offer realistic strategies to resolve them.

I’m attorney John Nguyen. At my law firm's Stockton and Modesto offices, I help my clients understand California property division laws and the ways in which property division and alimony work together to ensure that each partner has the resources they need to move forward into a new life. Contact me to schedule an appointment to discuss your concerns about divorce and marital asset division.

What Is "Community Property"?

Community property is a legal phrase that indicates that any money you earned or received and any property you purchased or received as a gift during the time of your marriage and, in certain situations, growth in the value of property you owned before the marriage, belongs to both spouses equally, regardless of who paid for it or who owns the title. The debts of either spouse are also considered to be shared debt and will be split between the two parties. The community property rules also lay out what has to happen before the property can be sold.

Marital property division also includes assets that you do not own yet, such as retirement benefits, pension plans, 401(k) plans, IRAs, military benefits, and health plans. I work with an accountant in order to establish the true value of a pension plan, any family businesses, and properties.

Both parties are entitled to a fair and reasonable share. Exactly what that share will be in each case can be negotiated between the divorcing couple—or it will be decided by a judge in California divorce court.

Who Gets to Keep the Family Home?

Under California law, there is a presumption that both spouses own the house or any property acquired during the marriage, even if only one of them has their name on the title. The law considers whether both spouses paid the mortgage or other household bills, and if one spouse was a homemaker, his or her contribution counts toward ownership. 

There are many issues to take into account when deciding who should get to keep the family home or other specific assets. For example, if one spouse will have the children living with him or her the majority of the time, that person might be the best person to keep the house. Or, it might be best for your family to sell the house and divide the proceeds. In any case, California's community property law will affect who can make the decision to sell, so you should talk to a lawyer before you decide.

Who Can Receive Alimony?

Alimony is also called spousal support. It is money given after a divorce by the higher-wage-earning spouse to a lower- or no-wage-earning spouse. In the case of divorce after a long-term marriage, the purpose of alimony may be to allow the other spouse to continue living "in the manner to which she is accustomed." In other cases, it may be paid in order to give him a chance to obtain education or better employment so he can support himself. Whether an ex-spouse receives support, and the length of time he or she will receives it, will depend upon a number of factors:

• The person's health
• Their age and the age of any dependent children
• The length of the marriage (a marriage of more than 10 years qualifies a spouse for long-term alimony)
• Their level of education and the job skills they possess
• Whether they contributed heavily to their divorcing spouse's opportunities for education or highly paid work
• Other factors

I routinely work with vocational experts to establish a divorcing spouse’s level of job skills and ability to work. These evaluations help divorcing people determine if short-term alimony is needed.

Making Agreements Possible

Litigation in divorce court quickly becomes very expensive. When an agreement can be reached through negotiation or mediation, my clients save money and time. I help people reach agreements on division of marital assets by educating my clients on the legal issues, helping them clarify their most important values and objectives, and then negotiating to protect their interests. Contact my law office to discuss your concerns about divorce, marital asset division, or related issues.

John Nguyen, Attorney at Law

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Northern California attorney John Nguyen provides a wide range of divorce and family law services. From offices in both Modesto and Stockton, he serves clients throughout the Sacramento Valley, Stanislaus County, and San Joaquin County in communities such as Modesto, Stockton, Manteca, Lodi, Ceres, Ripon, Merced, Turlock, Oakdale, and Riverbank.