Community Property Lawyers in Irvine
Resolving Issues for Divorcing Individuals in Orange County
When a couple has little or no marital property, their
divorce usually goes very quickly. Most couples, however, have issues to work
out during the divorce process which include complex
Concerned about property division? Call (949) 536-7500 for a consultation.
Most divorces and legal separations involve significant property issues.
Even when the parties have no property, often there is debt that must
be allocated between the parties. At The Buncher Law Corporation, our Irvine
divorce attorneys know how to spot and deal with the various property issues that may arise.
How Is Marital Property Divided in California?
For example, in California, community property and debts are usually divided
50/50, while each spouse keeps his/her respective separate property. However,
often property becomes commingled, in which case it is presumed to be
community until proven otherwise. A forensic tracing of property can be
performed by a suitable expert, to identify a spouses' separate property.
When Spouses Attempt to Abscond or Hide Assets
In addition, spouses have fiduciary duties to one another just like partners
in a business. A spouse who breaches that fiduciary duty by attempting
to abscond with community property can be ordered to return that property
and pay penalties to the other spouse.
We may be able to obtain reimbursement and additional compensation if your
- Absconded with community funds
- Spent funds without your knowledge or consent on separate property debts
or other matters such as gambling
Lastly, when it is suspected that a spouse may be attempting to abscond
with, move, or
conceal community property, often it is best to get a petition for dissolution of marriage or legal
separate filed right away. This causes "Automatic Restraining Orders"
to go into place. Then, if said spouse attempts to abscond with such property,
they will be in violation of court order, which may be punishable under
the penal code and subject to fines.
Need help? Please contact us today
to talk to our knowledgeable legal team.