Divorce Lawyers in Temecula help clients deal with dividing assets when the situation has become complicated. When divorcing couples cannot agree on how assets should be distributed, the matter eventually must be decided by a judge. However, litigation is a lengthy and expensive process, and couples increasingly choose to negotiate these issues with the help of mediators and lawyers.
Consider a situation in which one spouse gives the other spouse an expensive car. When the divorce process begins, the person with his or her name on the title is technically the owner. If all evidence indicates that the car was indeed a gift, a judge would likely decide that the technical owner should keep it and not have to pay half the value to the other spouse. Under California’s community property law, a gift to one individual is not required to be split between the two parties during a divorce.
Nevertheless, the full ownership may be contested by the person who bought the car. This person may claim partial ownership because he or she drove the vehicle regularly. This person may have paid for its ongoing maintenance and for yearly registration. In this case, a judge might decide that co-ownership best describes the situation. Instead of going to court and having a judge decide, the couple can look to Divorce Lawyers in Temecula for details they need to make an informed decision of their own.
Another situation might involve property that one spouse fully owned before the marriage. Typically, this is considered separate property and the spouse does not have to pay half the value to the other upon divorce. But if there has been any blending of ownership, that separate property aspect becomes void. A common example would be the property owner taking out a mortgage to fund a venture for the spouse, such as a new business. A mortgage was taken out on that property to buy shared real estate also may invalidate the separate property claim. Anyone dealing with these types of complicated issues will want to contact an organization such as the Law Office of Michelle Penna. Please visit the website for details.
