Compassionate Lawyers Offering Exceptional Service

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 property division.

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 spouse has:

  • 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.

Helpful Family Law Resources

Family law can be complex, but there are plenty of resources available to assist you. Browse through the various resources our team provides to help simplify your legal process in every way possible.

We Have the Answers You Need