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Property Division Attorney in Burbank

Definition of Marital Property in California

Each state in the U.S. has its own laws and regulations regarding what is considered marital property and how said property should be divided in a divorce. California is a community property state as defined in California Family Code § 760, which means that nearly all property and assets acquired during marriage is considered to be marital property and is equally owned by both spouses.

Separate property is defined in Cal. Fam. Code § 770 as:

  • All property owned by the person before marriage
  • All property acquired by the person after marriage by gift, bequest, devise, or descent
  • The rents, issues, and profits of the property described in this section

In order to ensure that your property is correctly defined and fairly distributed in a divorce proceeding, there are several actions you can take. The first is vital, which is to hire a Burbank family lawyer from Cutter & Lax, Attorneys at Law to represent you. You need an attorney by your side to ensure that your property is protected and that your best interests are met during the division process.

Asset Protection & Property Division

Marital property and personal property can be protected both before and after marriage. Prenuptial and postnuptial agreements ("prenups" and "postnups") are legal agreements that outline exactly what property, both existing and prospective, belongs to which spouse. Cutter & Lax can help you uphold the terms of your prenup or postnup as you navigate the property division process. If no such agreement exists, we can still prepare and present a strong argument to establish what property is yours during litigation.

The property division process can be handled outside of the courtroom or through litigation. Uncontested cases can allow both spouses to sit down and draft their own written agreement that defines which party receives what property, debts, and assets. This agreement will then be presented to a family law judge to be entered. If the spouses cannot agree, however, a court hearing will be scheduled and the matter will be decided by a family law judge after litigation.

Retain a Burbank Family Lawyer

Cutter & Lax has over 30 years of experience and will give their full attention and dedication to your family law matter. Property division is a stressful part of the divorce process, but with help from a Burbank family lawyer at our firm, you could navigate the process with as little hassle as possible. Our attorneys are dedicated to getting the best possible results for each case. Fill out our case evaluation today to submit your information and set up a consultation with our team. The sooner you contact us, the sooner we can begin fighting for you.

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