Property Division

Property Division

Property division is a key issue in any divorce and can have a significant impact on your financial security. A knowledgeable divorce attorney can help you understand your rights, help you understand what to expect and ensure the protection of your rights.

If you need to speak with a divorce lawyer, I encourage you to contact me, attorney J. David Markham. I can handle any property division issue that may arise in your divorce, including:

  • Characterization of property (marital vs. separate property)
  • Division of retirement accounts
  • Division of personal property
  • Business valuations
  • Division of real estate and the marital home

I am committed to providing each of my clients with quality legal representation and superior service. To schedule your consultation, contact my law office in Lakeport, California.

Property Division Laws

California is a community property state. Property acquired during a marriage is typically classified as community property, with limited exceptions. Separate property includes property acquired by a spouse prior to a marriage and limited property acquired during a marriage, including property acquired by gift or inheritance.

When spouses are unable to reach an agreement about how their property should be divided, a court will divide their property in an equitable fashion. While a court may divide community property on an equal 50-50 basis, equitable division does not require an equal 50-50 split.

Property Division

Protect Your Rights

Given the wide discretion that courts have to divide property in an equitable fashion, it is critical that you retain a skilled divorce lawyer who can negotiate a fair division of property on your behalf or make a compelling argument on your behalf at trial.

I have more than a decade of legal experience. As a former prosecutor and insurance defense lawyer, I have considerable trial experience and strong negotiation skills.

I take time to listen to my clients and understand their objectives. For some of my clients, receiving an award of the marital home is critical. For others, having access to liquid assets, such as investment or savings accounts, is more important. By taking time to understand your objectives, I provide tailored services designed to meet your needs.