Division of Assets

Experienced Family Law Attorneys

San Diego Division of Assets Lawyer

Property Division Led By California Board-Certified Family Law Attorneys

Money is a common source of contention between marital partners that can often lead to divorce. It is also one of the two most complicating factors in any divorce along with that of children. Whether you consider yourself affluent, middle-class, or struggling, marital property and your financial scene frequently become a source of dispute when considering divorce. This is even more pronounced for those who have been married a long time and/or have accumulated many and various assets and investments. 

At Hargreaves & Taylor LLP, we understand how this issue can be of great concern to spouses facing a divorce. All you have worked for and built together will now be on the table subject to division. With our sustained experience and the specialized knowledge and training of Partners Bill Hargreaves and Nancy Taylor, we have the understanding, skills, and resources to help you through this critical issue. 

Our team is here to protect your financial rights and best interests throughout the negotiation, mediation, or litigation process. In the most complicated cases, we can turn to outside experts, such as forensic accountants, business valuation professionals, appraisers, and tax consultants to assist by providing the information you need to make smart choices and to fortify our preparation of your case for an optimum resolution. 


Book a confidential consultation with a San Diego division of asset attorney about your case. Send us your contact details or call us at (619) 374-4442.


How Assets Are Divided in California?

Because California is a community property state, you are looking at dividing your marital estate on as close to a 50-50 basis as possible. The exception to this is if you have an established and valid prenuptial or postnuptial agreement that sets forth the terms of your property rights and responsibilities in divorce.

Your marital estate consists of everything you and your spouse have acquired since your wedding. This can include:

  • Homes and other real estate
  • Bank accounts
  • Investments
  • Family-owned businesses, professional practices, or business interests
  • Vehicles
  • Boats
  • Jewelry
  • Retirement accounts and pensions
  • Any other property or assets of significant value

Marital property is differentiated from “separate” property which is essentially any property titled in your name only prior to the marriage. Separate property can also include gifts or inheritances given to you only during the marriage. However, where these assets are co-mingled into your marriage, they are generally ruled as community property by the courts. 

The division of marital assets and property can thus be a complex issue depending on the individual circumstances of how the assets were acquired, maintained, or disposed of during a marriage. This is why you need the services of a seasoned and proven San Diego property division lawyer to ensure that your best interests are asserted throughout the process. 

Steps in the Property Division Process

The process of dividing property can be intricate and typically involves several key steps:

  • Identification of Assets and Debts: The first step is to compile a comprehensive list of all assets and debts acquired during the marriage. This includes real estate, bank accounts, retirement accounts, personal property, and any debts such as mortgages and credit cards.
  • Valuation of Assets: Once identified, the next step is to determine the fair market value of each asset. This may require appraisals or assessments, especially for real estate or valuable personal property.
  • Classification of Property: The next step involves classifying each asset as community or separate property. This determination is crucial for understanding how the property will be divided.
  • Negotiation and Settlement: Many couples can reach an agreement on property division through negotiation. This can occur directly between the spouses or through their attorneys. Settlements can save time and reduce conflict, allowing for a more amicable resolution.
  • Court Intervention: If the parties cannot reach an agreement, the case may go to court. A judge will then make the final determination on how the property will be divided, following California’s community property laws.

Mediation can be less expensive than going to court, saving both time and money for both parties. Additionally, it allows spouses to have more control over the outcome, as they can work collaboratively to reach a mutually agreeable solution.


Resolve your property division matters amicably. Contact our experienced San Diego division of assets lawyer for a free legal consultation on mediation services. Call (619) 374-4442 or fill out our online form now!


Factors Influencing Property Division

While California's laws provide a framework for dividing assets, several factors may influence how property is ultimately divided including:

  • The length of the marriage
  • Financial or non-financial contributions to the marriage
  • Economic circumstances of each spouse at the time of the divorce
  • Health, age, and earning capacity of each spouse
  • Dissipation of assets made by one spouse.

Protect Your Financial Interests During Property Division in San Diego

During a divorce or separation, dividing assets can be one of the most complex and contentious aspects of the process. At Hargreaves & Taylor LLP, our team of California Board Certified Family Law Attorneys is dedicated to helping clients in San Diego protect their financial interests during property division.

Our experienced attorneys understand the intricacies of California's community property laws and will work diligently to ensure a fair and equitable distribution of assets. We will guide you through the entire property division process, providing expert advice and representation every step of the way.

Benefits of working with our San Diego property division attorneys include:

  • Expert knowledge of California's community property laws
  • Thorough evaluation and documentation of all assets
  • Negotiation and mediation to reach fair property settlements
  • Aggressive representation in court, if necessary
  • Protection of your financial interests and future stability

Don't leave your financial future to chance. Contact Hargreaves & Taylor LLP today to schedule a consultation with our experienced division  of assets attorneys.

Why Choose Hargreaves & Taylor LLP for Your Legal Needs?

At Hargreaves & Taylor LLP, we understand that choosing the right law firm can be a daunting decision. Our commitment to our clients goes beyond just providing legal representation; we strive to build lasting relationships based on trust, integrity, and results. Here are several reasons why you should consider partnering with us for your legal matters:

  • Personalized Attention: We believe that every case is unique. Our attorneys take the time to understand your individual circumstances, ensuring that you receive tailored legal solutions that align with your goals.
  • Proven Track Record: With years of experience in various areas of law, our firm has successfully handled numerous cases, achieving favorable outcomes for our clients. Our reputation speaks for itself.
  • Comprehensive Legal Services: Whether you need assistance with family law, business disputes, or personal injury claims, our diverse team of attorneys is equipped to handle a wide range of legal issues.
  • Transparent Communication: We value open communication and keep you informed at every step of the legal process. You will never feel left in the dark regarding the status of your case.
  • Community Involvement: As a proud member of the San Diego community, we actively participate in local initiatives and support various charitable organizations, demonstrating our commitment to giving back.

Choosing Hargreaves & Taylor LLP means choosing a law firm that prioritizes your needs and fights for your rights. Contact us today to schedule a consultation and discover how we can assist you in navigating your legal challenges.


Is your financial future at stake in your divorce? Contact Hargreaves & Taylor LLP for trusted help. - Call now (619) 374-4442


Commonly Asked Questions

What is community property in California?

Community property refers to the assets and debts acquired by a couple during their marriage. In California, community property is generally divided equally between spouses in the event of a divorce.

How can I protect my separate property during a divorce?

To protect your separate property, it's essential to maintain clear documentation proving ownership prior to the marriage. This includes keeping assets in your name only and avoiding co-mingling with marital assets.

What happens to debts during a divorce?

Debts acquired during the marriage are typically treated as community debts, meaning they are also subject to division. Each spouse may be responsible for half of the community debts, regardless of who incurred them.

Can mediation help in property division disputes?

Yes, mediation can be a beneficial approach for resolving property division disputes. It allows both parties to negotiate terms collaboratively and can lead to a more amicable settlement without going to court.

What role do appraisals play in property division?

Appraisals are crucial in property division as they help determine the fair market value of assets. This is important for accurately assessing the value of property that will be divided between the spouses.

Are prenuptial agreements enforceable in California?

Yes, prenuptial agreements are enforceable in California, provided they meet certain legal requirements. These agreements can outline the division of assets and debts in the event of a divorce, potentially simplifying the process.

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