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, we know how to spot and deal with the various property issues that may arise.
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.
Also for example, 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. Thus, if your spouse has absconded with community funds, or spent it without your knowledge or consent on separate property debts or other matters such as gambling, we may be able to obtain reimbursement and additional compensation.
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.
Call the family law divorce lawyers at the Buncher Law Corporation at (949) 398-8720 today to schedule a consultation. We serve clients throughout Orange County, North San Diego County and surrounding areas.