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Creative Approaches To Property Division In California

One of the most difficult aspects of a divorce can be the division of marital property. When couples cannot agree on a fair division of assets and debts, the process can be much more complicated than you might expect.

I’m attorney Sunena Sabharwal, and I founded Sabharwal Law Offices to guide clients in Berkeley and the East Bay area through the nuances of property division and divorce in California. If you are seeking a lawyer who can “think outside of the box” and look for creative solutions to unique problems, turn to me, a certified family law specialist with more than 30 years of experience, for the assistance you need.

How Does California’s Community Property Law Work?

California is a community property state, which means that all assets and debts a couple acquires after their marriage begins are generally considered equally shared – no matter whose name is on the paperwork. However, property division does not always result in an even 50/50 split. When the court has to decide how to divide things up, it may consider:

  • Any valid prenuptial or postnuptial agreements that carve out exemptions from the usual rules and create separate property for just one spouse
  • The nature of the debts acquired, including whether they were for mutual benefit or acquired solely for the benefit of one spouse
  • The duration of the marriage and each spouse’s individual contributions to the whole (including nonfinancial contributions, such as homemaking)

In many long-term marriages, investments, pensions and family businesses have to be valued and divided, which can require significant effort to make sure that neither party is unfairly treated. Even couples who are approaching an amicable split can use a lawyer’s assistance to make sure that neither is disadvantaged.

Reach Out To A Certified Family Law Specialist Today

At Sabharwal Law Offices, the client’s goals are always the priority. I offer free consultations to help you better understand your position and the possibilities ahead. For a prompt response, call 510-665-8777 or reach out online to schedule your appointment.