Williams & Javellana, LLP
Chico Property Division Lawyer
When you are going through a divorce in the state of California, one of the eventualities which will need to be considered is how the marital assets are going to be divided. Property division is something that may take place amicably between the married couple or it may need to go before the court. Regardless of whether you are in an amicable situation or not, it is important to seek legal counsel. By contacting Williams & Javellana, LLP, you will have what is necessary to divide the marital assets properly and to ensure that everything is done according to the laws in the state.
A definition of community property is given by the California Family Code, section 760. It gives a rather broad definition, stating that it includes all property, real or personal that was acquired by a married individual during the marriage. That property may be located both in and out of the state of California. Although it is a relatively broad definition, there are also certain statutes which can expand on the definition to further establish whether property that is owned is part of the community property or not. For the most part, community property will be split down the middle between the married couple.
There is also property that may be owned within the marriage that is considered separate and would not be divided between the married couple. This would include any property that was owned by the individual before the marriage took place and any property that was acquired after the marriage by bequest, gift, descent or devise. Any of the earnings of the spouse while they were living separately from the other spouse is also not included in the community property.
Because it is not fully clear as to what is going to be included in the property division, anything may become a marital asset. If you are undergoing a divorce, therefore, you need to speak to a lawyer about what you own to see if it must be split in the marital case. Williams & Javellana, LLP can assist you with this process and in making sure that all of the necessary paperwork is filed for your case. In addition, we can assist you in other areas of your divorce to ensure that it is cared for properly.
You should also consider the fact that when you are dividing marital assets, you are also going to be dividing any of the marital debts that exist. When you contact Williams & Javellana, LLP, you will get the assistance that is necessary to ensure that everything is divided fairly and equally. That includes certain situations, such as if one spouse is taking the house or something else of greater value, or if it is necessary to split several bank accounts evenly. At that point, he can assist you with getting a marital settlement agreement (MSA) or if necessary, a court order that will specify who is getting what in the property division.
Gold standard for professionalism and ethics. Extremely knowledgeable and proficient in handling complex cases. Attorney Javellana took painstaking hours building a civil case, (co-ownership/property rights) and then he presented overwhelming evidence at trial. Mr. Javellana was on point for 3 days at trial where he tactfully asserted a powerful presence in the courtroom and systematically picked apart the defendents and he was quick to respond to the dirty trickery of the defense attorney with undisputable legal arguments. As a result of Mr. Javellana's detailed and powerful representation, the opposing side had no chance. Mr. Javellana was extremely organized and detail oriented throughout. Mr. Javellana won the case across multiple points and most impressively he obtained a permanent injunction against the opposing party. Additionally, Mr. Javellana, represented me with two other cases where his professionalism and his relentless tactical drive continued with successful results. I highly recommend Mr. Javellana. J.M
California June 20, 2015