Property Division Attorneys of San Marcos

Marital Property Division Lawyers with Years of Experience

Fischer & Van Thiel, LLP provides over 57 Years of Combined Family Law Counsel Experience dedicated to Your Family’s Legal Concerns throughout the Legal Process.

Dividing property between spouses can be a highly contentious issue that drags out the divorce process for an extended period of time.

Most states follow the practice of equitable distribution, meaning that property is divided in a manner the court decides is fair, but not necessarily equal in financial worth.

However, California is one of the few states that follow community property laws, which require a strict 50-50 division of property that is jointly owned between the spouses.

Beyond issues pertaining to child support and custody, perhaps one of the most divisive issues when it comes to divorce is the division of assets.

Whether a person is trying to protect their assets or secure ownership of certain assets or items, determining how to divide assets and property in a divorce can quickly become a frustrating and complex problem.

However, with the support of a qualified attorney, you may be better able to obtain or protect the property you want.

At Fischer & Van Thiel LLP, our San Marcos property division attorneys understand how important property division is for most people considering or going through a divorce.

Thus, we put our many years of experience and wealth of knowledge to work for our clients when they have to divide their property and assets with a spouse. Call us at (760) 757-6854 today to discuss your property division needs.

Ways in which We Can Help

When separating property during the dissolution of a marriage, it is not only major items, such as houses and cars, that must be considered.

Even a couple’s debts can be considered property that needs to be divided.

As such, the attorneys at Fischer & Van Thiel, LLP, have made it our priority to provide clients with support in both of the following:

• Division of Assets
• Division of Debts

The ramifications of a property division agreement can impact your life for many years after a divorce.

As such, you deserve a legal representative who is willing to work diligently to make sure your interests and rights are protected as best as possible.

Separate vs. Marital Property

Most properties acquired or shared during the course of a marriage are considered marital property and thus are subject to division between the spouses.

However, some property is considered separate property and is not divided among the spouses during divorce, including property that has been:

• Acquired by one spouse before the beginning of the marriage
• Acquired through inheritance or gift, or acquired in exchange for property inherited in this manner
• Acquired after a legal separation
• Excluded due to a prenuptial or post-nuptial agreement
• Awarded to one spouse through a legal judgment

Sometimes divorcing couples have difficulty determining what constitutes separate or marital property, or how to fairly distribute their property.

Prior to going before a judge, it is important to work with a qualified attorney to properly outline your needs and wishes.

Understanding Division of Property

When a married couple becomes divorced, they must divide their property if they did not have a prenuptial agreement that stated what divisions would be made in the event of a divorce.

The division of property can be a tricky part of a divorce, as it includes everything from bank accounts to houses and even collectibles such as artwork or antiques.

In most states, debt is divided equitably between the spouses depending on a wide range of factors.

However, the state of California adheres to communal property laws, which dictate that marital property and debts be divided between the spouses equally by financial worth, with few exceptions.

Distribution of Debts

Community property laws in California state that debts and property acquired during a marriage are subject to “substantially equal division.”

Debts acquired by either party before the marriage are not subject to this division. However, debts that are acquired after separation takes place may, in some cases, be subject to division:

• Debts acquired by either spouse for the “common necessities of life” of either spouse or children, which may later be covered by child support or alimony, will be assigned depending on each party’s needs and abilities to pay.
• Debts acquired by either spouse for nonessential items or services for the spouse or children will be assigned to the spouse who acquired the debt.

This division of property and debts by strict financial value may not take into account the wishes of each individual.

Therefore, it is important to have an experienced San Diego divorce attorney on your side to help you fight for a fair outcome.

Ways to Divide Property

In California, only community property is divided. In other words, property owned jointly by both spouses has to be divided at the time of the divorce.

Assets considered the property of just one spouse does not get divided.

Community property typically refers to:

• All earnings during marriage
• The assets acquired using those earnings

Separate property typically refers to:

• Earnings and assets acquired before the marriage
• Gifts

When getting a divorce, the parties may agree upon how they will divide property among themselves or allow a judge to rule who gets what if the couple cannot reach an agreement.

One of the more contentious issues that can arise during a divorce is how the spouses will divide property and assets.

When it comes to deciding who gets what, difficulties may arise, complicating even the most amicable divorces. Such difficulties can include:

• Challenging decisions about physical property division
• Existing debts
• Entitlements

Though such issues can be resolved with a prenuptial agreement, if one is absent, it’s best to seek the services of a skilled property division lawyer.

Choosing an attorney adept in this field may be easy, but deciding if he/she is right for you is entirely different.

A highly-skilled litigator from the law office of Fischer & Van Thiel, LLP, has the experience you need with divorce-related issues.

Whether the property in question is large or small, hire one of our attorneys to help you in your case.

Marital Property Agreement

A marital property agreement can be signed before or during a marriage. This document states how marital property is to be divided either in the event of divorce or the death of one spouse.

In most cases, a marital property agreement is drafted with the assistance, guidance, and oversight of a skilled and experienced divorce attorney who can ensure that there is nothing abusive or improper about the terms of the agreement.

If you are considering signing a marital property agreement with your future or current spouse, or are seeking help with such an agreement’s enforcement in divorce, contact the San Diego divorce attorneys of Fischer & Van Thiel, LLP, at (760) 757-6854 today.

Considerations in a Marital Property Agreement

Marital property is essentially divided into three main categories. The following three categories of assets and holding are to be addressed in the final signed copy of the marital property agreement:

• Real Estate
• Automobiles
• Financial investments

A less common marital property covered in these arrangements is intellectual property rights. Couples are sometimes co-owners of a legally recognized idea.

A marital property agreement is legally binding. Therefore is important to consider all factors and obtain experienced representation before the papers are signed.

Property Division for Unmarried Couples

Many unmarried couples live together for many years and acquire property together. If one of these couples decides to end their relationship, the partners in the relationship may not know how to properly divide this property among the two of them.

Though unmarried couples are not legally recognized, some may have to go through procedures similar to divorce to settle their differences.

If you and your partner are ending your relationship, we can provide legal advice. Contact the San Diego divorce lawyers of Fischer & Van Thiel, LLP at (760) 757-6854 to learn more about whether you may need legal assistance.

Dividing Property

When two unmarried people own property together – be it land, material goods, or finances – they will have to divide it if they decide that they no longer wish to share it.

Some couples can divide their property between themselves without a third party’s assistance, but others cannot.

Those who cannot require legal intervention to help them with the process. The only property that the couple acquired while together will be divided when the couple opts for legal intervention.

The pre-relationship property, as well as any gifts or personal possessions, will be exempt from division.

Couples who cannot settle their differences should start by enlisting the help of an experienced San Marcos divorce lawyer.

Splitting the Home

When involved in divorce proceedings, splitting the family dwelling is a concern. This is usually the largest asset that is shared between partners.

If children are involved, it becomes more complicated since this is the house in which they have grown up.

Also, if the mortgage is not fully paid off, the house is also the largest liability shared between two people involved in a divorce.

If one person in the marriage keeps the home it can be a simple matter. The judge will set a date on which the other spouse is no longer financially obligated toward the house and when he or she will have to vacate the household.

One spouse will, therefore, buy the other portion of the house out. If children are involved, sometimes one spouse will stay in the marital home with the children.

However, some couples set up certain standards that must be met before the home is sold outright. Some of these prerequisites include:

• When the spouse residing in the marital home remarries
• When the children are no longer minors and turn eighteen
• When the spouse is cohabiting with someone else

If the home is sold outright, the situation is even easier. The house will be sold and the equity from the house divided equally among both parties. However, the responsibility of selling the home will usually fall on one spouse.

Sometimes the spouse in charge may take longer than necessary to get rid of the home. As such, it is sometimes safer to add prerequisites to selling the home, too. For instance, create a deadline for when things should be done in order to sell the property.

And also account for the fact that the home might not sell immediately, and make provisions for that situation.

Difficulties that can arise when dealing with the complexities surrounding Marital Property Division Law, ensuring all the paperwork is completed promptly, filed successfully, and sensitive family situations, and possibly other legal matters are mitigated swiftly.

This is why we have dedicated our Law Firm’s Legal Services Team to providing experienced, professional, and caring Property Division Law Representation to each client under our advisement.

Mitigating Family Law Complications From the Property Division Process

We know that divorce is an emotional endeavor and sometimes other complicated family matters can detract from having a positive experience in moving on, so we want to avoid any issues that could have long term effects on you and your loved ones.

Rest assured, that we are prepared whether your case includes other family law situations like an annulment, legal separation, divorce, guardianship, a child custody battle, or pursuing child support, we are prepared and have the time tested experience to assist you with these conflicts, as well.

Our team of Family Law Legal Professionals consistently obtain favorable solutions for our clients developing effective legal arbitration, mediation, and litigation strategies who are struggling with personal and/or marital disputes.

We use our expansive understanding of the Local Court’s Legal Procedures and California State Laws to tailor a plan specific Legal Strategy to the best interest of your family’s unique needs.

California Family Law Practice Area Services

One of the most important aspects to consider when hiring a Property Division Attorney is how proactive they are when it comes to representing your case.

Your personally dedicated San Marcos Property Division Lawyer will take preemptive measures to understand your legal situation and all the unique circumstances into consideration to reach the best possible outcome for you and your family.

Our aggressive family case law litigation tactics have proven to be successful year after year through Mediation and in the courtroom resulting in many beneficial resolutions and settlements for our clients. 

Call us at (760) 757-6854 to schedule a complimentary case evaluation with our team.

Family Law Legal Cases We Routinely Handle Involving:

Divorce Law: Including Annulments, Contested, and Uncontested Divorces
Military Divorce Attorney: Experienced with uniques situations of Military Relationships
Mediation: Mediation encourages divorcing spouses to cooperate and avoid trial costs
Child Custody: Including Visitation, Negotiations, Modifications & Enforcement Actions
Child Support: Including Monitary Negotiations, Modifications & Enforcement Actions
Legal Guardianship: Application Preparation, Fitness Assessment, Legal Representation
Adoption: Including Step-Parent, Agency, Private, and International Adoptions
Prenuptial Agreement: We can help you draft and enforce favorable agreements
Paternity: Actions for those seeking custody rights and support payments
Legal Separation Agreement: Traditional and Same-Sex Marriages
Spousal Support (Alimony): Agreements for Spousal Support or Maintenance
Domestic Violence: Including representation for Abuse and those Accused of Abuse
Civil Harassment: We can help you seek a Civil Restraining & Enforcement Orders
Juvenile Court: Including guardianship, juvenile delinquency, and dependency matters
Marital Property Division: Representation as you divide property during divorce
Estate Planning: Including wills and probate