Free Consultation

What Assets Am I Entitled to During a California Divorce?

Are you wondering what assets you are entitled to in a California divorce? If so, you are not alone. Many individuals going through the divorce process think about what property they may be entitled when filing for divorce from their spouse. California law holds that each spouse is entitled to 50 percent, or one-half, of the community estate.
Your community estate may not be as clear cut as you think. In order to ensure that you get what you are fully entitled to, it is important to hire an experienced Stockton divorce attorney as soon as possible.

Dividing Assets In a California Divorce

When you file for divorce, all of the property belonging to you and your spouse is generally divided into two categories: separate property and community property. Each category is explained in more detail below.

Separate Property

Under California law, any property you acquired prior to getting married, during your marriage by gift, devise or bequest, or after legally separating is considered separate property. Upon dissolution of your marriage, you are entitled to all of your separate property and none of your spouse’s separate property.

Community Property – Assets and Debts

Under California law, any property you acquired during marriage is considered community property. Upon dissolution of your marriage, this community estate will get equally divided between you and your spouse unless you each agree differently. Below is a list of property that is considered community property:
Bank accounts and cash
Pension plans and retirement accounts
This is not an exhaustive list. Your Central Valley divorce attorney will need to look at the specific facts of your case to determine exactly what asset is considered community or separate property.

Dividing Community Property Assets

Dividing community property assets can be complicated. The most important factor to consider during the division process is that the net value of the community property assets you and your spouse receive must be equal, unless you both agree otherwise. For example, you may be awarded the family home and your spouse may be awarded a vacation home that is of equal value.
Regardless of which spouse gets what community asset, the individual who ended up with the asset must pay the mortgage, property tax, upkeep expenses and all other related costs, unless agreed otherwise.

Call an Experienced Central Valley Divorce Attorney

If you are going through a divorce or planning to file for divorce, it is important that you have a knowledgeable attorney fighting for your rights. For more information or to schedule a complimentary consultation with a Central Valley divorce attorney, please call Gurjit Srai (209) 323-5558 or (559) 449-1447, or complete our online form.

Please Share This:
This entry was posted in Divorce and tagged . Bookmark the permalink.

Leave a Reply

Your email address will not be published. Required fields are marked *

  • Awards & Memberships

    Read More
  • Recent Cases

    Read More
  • Client Reviews

    I highly recommend Mr. Gurjit Srai. Recently Mr. Srai got my criminal case dismissed just within a month. That was really a miracle for me.
    Gurjit was great at keeping me informed with every step of the way with my case. He will give you an honest opinion with your case and advise you well.
    Attorney Gurjit Sing at SARI LAW handle my case perfectly in a really good time manner, he answered and explain in fully detail about all the facts on my each question.
    Gurjit was a Man of his word. He knew the outcome I wanted, and even when there was a clerical error by the court he stepped up and personally handled the issue.
    Mr. Srai helped me with my DUI case. I really liked how he interact with me based on my flexibility. He was very informative and kept me up to date with my case.
    I had no expectations because my experience with lawyers is they take your money and that’s the end of it. Mr Srai was positive and let me know what his strategy was.
    Attorney gurjit is the best lawyers in stockton, I was so down and don’t know what to do when i found out about my situation and attorney gurjit was the answer of my prayers.
    Gurjit is a very good lawyer, he gets everything done on time and is very responsible. I would recommend his to anybody who is looking for a great lawyer.
    First of all, he explained everything that I was to expect in court. He told me what to say and what not to say, and made me feel very at ease.
    I was very happy the first time we talked over the phone. Mr. Srai was very positive from start to end. He let kept me informed the whole way through. Srai was my blessing.
    My review with Gurjit Singh Srai was excenllent he answer all my questions he went step by step how bankruptcy works. He kept me informed in every detail I will recommend him to all my freinds.
    He was very knowledgable and knew exactly what we needed for court. It was nice not getting the run around, or having to return back to court for missing documents or information. He really knows his stuff!
    I recently got a third dui I called around other lawyers and none were as helpful as gurjit as soon as I called him and explained what happened he was very helpful since the first call I made him talking to him.
    Always kept my case and matter top priority. Handled everything properly and has great work ethics. Very knowledgable and courteous. Great lawyer and person over all.
    I had a DUI back in 2005. I had always wanted to get my record expunge,but didn’t know where or how to begin. I explained my situation to a mutual friend; he then referred me to Mr. Srai.
    He is a great attorney and has helped me alot. I would recommend him. He has also helped my friends..
    I am a truck driver and my DL was very important because that was the main support for my family and I. Gurjit helped me throughout the process and was very supportive.
    Gurjit Srai,the most greatest attorny i’ve ever met! He won my case of full child custody. He did an outstanding job! If you’ re looking for a trustworthy,knowledgeable and responsible attorny,pick Gurjit Srai!
    I worked with him About 3 months ago, He helped me at his level best. Very Friendly and Polite. A+++++++++++++++++
    I was really happy with Gurjit Srai’s service. He helped me with my restraining order. He really worked with me to get ready for the court. Whenever I had question’s about the case, he was always there to answer them.
    Took care of my case nice and efficiently. Kept me informed at all times and got my fines reduced significantly. I would greatly recommend this lawyer to anyone looking for one and is a bit short on cash.
    Gurjit srai is an excellent lawyer and he helped me get my dui charges dropped. I didnt have to go to court at all, he did everything for me. He is very friendly and is easy to contact.
    Gurjit has been very professional and honest in advising us. Very prompt and precise.Even in future I will be calling him if I would be in need of an attorney.
    Gurjit Srai did an excellent job in my case. It was always easy communicating with him despite being in a different country. He helped to calmly and realistically go through all my options.
    In meeting Gurjit, impressed with his manners as a gentleman,Foremost he was very professional,his office environment was calming;Gurjit made me feel very secure, in speaking with him about my case.
    Usually an attorney focuses on just one aspect of the law. However, Gurjit Srai does it all! I have been researching attorneys all over California to find out which had the best results and Gurjit was the best by far.
    Made are case very easy and explained everything in great detail. We were extremely satisfied with his service and his attention to detail.
    Gurjit deserves 5 stars. He earned it by winning our trust. Would definitely refer him in future and to my friends and relatives.
    I would like to start by explaining my case. I was involved in a DUI incident on December 24, 2010. I was scheduled to appear in court in March of 2011. In between the arrest date and the court date, you are given a notice of suspension.
    I hired Mr. Srai to handle my dui case this year. I received this in the county in which he resides and practises, i live in another county. He made a couple trips to my location.
    Mr. Srai was extremely prompt and verfy informative when it came to my case! Some say the best way to reach me is by this way or my case, it started with an email and ended with a phone call.
    When convicted of a DUI gurjit helped me get a dry reckless, his mellow yet determined attitude kept me calm and confident in my case, so calm a confident that i was minutes late to my appointment at court!
    Mr. Srai helped me reduce the inconvenience of taking my license for a year and 450 dollars to 24 hours of community service. He was vey nice easy to get ahold of and knows how to do his job very well
    star Read More