Resolving Santa Barbara Property Division Disputes With Compassion And Skill
When facing a divorce, property division disputes can quickly become emotionally charged and complex. Santa Barbara divorce attorney Jeralyn C. Ehlers, CFLS understands the legal challenges that you are experiencing. Backed by more than 20 years of experience and certification as a Family Law Specialist (CFLS), she offers skilled legal guidance to clients throughout Santa Barbara and Ventura Counties. Jeralyn is known for achieving amicable resolutions in asset division disputes while remaining fully prepared to litigate when necessary.
A Guide To Property Disputes And Divorce
Property division is a significant aspect of divorce proceedings, especially in high-conflict divorce. If your marriage is ending, you might worry about losing what you have worked so hard to build.
California is a community property state. This means that all assets acquired during the marriage are owned equally by both spouses. In California marital and family law, there are two main categories of property:
- Community property: Assets and debts acquired during the marriage are typically considered community property and are subject to equal division.
- Separate property: Assets owned before marriage, inherited or received as gifts during marriage are generally considered separate property and remain with the original owner.
Understanding these distinctions is important when you want to reach a fair asset division settlement. Real estate, such as the family home, can be particularly contentious. It may be community property, separate property or a combination of both, depending on various factors.
Santa Barbara property division disputes often arise when spouses disagree on:
- The classification of assets as community or separate property
- The valuation of assets, especially businesses or investments
- Hidden or undisclosed assets
- Debt allocation
- Division of retirement accounts and pensions
It is important to have a clear understanding of your rights and obligations from a community property attorney.
How A Lawyer Can Help Resolve Property Division Disputes
While it may be tempting to handle property division on your own in a divorce, this approach can lead to unfair outcomes and costly mistakes. Without proper legal guidance, you may not receive everything to which you are entitled. A skilled Santa Barbara property division disputes lawyer like Jeralyn C. Ehlers, CFLS can:
- Identify and value all assets and debts
- Determine the proper classification of property
- Uncover hidden assets
- Negotiate fair settlements
- Represent you in mediation or court
Jeralyn’s experience in family law and property division allows her to resolve disputes efficiently and cost-effectively. She strives to reach amicable agreements but is prepared to vigorously advocate for your rights in court when needed.
What Assets Cannot Be Split In A Divorce In California?
While most assets are subject to division in California, certain types of separate property are generally not split in a divorce. These include:
- Inheritances received by one spouse
- Gifts given specifically to one spouse
- Property owned before the marriage
- Personal injury settlements for pain and suffering
However, the increase in value of these assets during the marriage may be considered community property and subject to division.
Am I Responsible For My Spouse’s Credit Card Debt In California?
In California, debt incurred during the marriage is typically considered community property and both spouses are generally responsible for it. However, if the debt was incurred for nonmarital purposes or without the other spouse’s knowledge, it may be assigned solely to the spouse who incurred it.
Can My Spouse Take My House If I Bought It Before Marriage?
If you purchased your house before marriage, the court generally considers it separate property and your spouse cannot take it in a divorce. However, if you used community funds to pay the mortgage or make improvements during the marriage, your spouse may be entitled to a portion of the increased value.
Protect Your Assets With A California Property Division Dispute Attorney
Don’t let property division disputes overwhelm you. The Law Office of Jeralyn C. Ehlers, CFLS is here to protect your interests and guide you through this challenging process. Contact Jeralyn C. Ehlers, CFLS today at 805-918-1340 or send her an email to schedule a consultation and take the first step toward securing your financial future.