Dividing Property and Assets in an Orange County Divorce (2025)
By Stephane Quinn | By Quinn & Dworakowski LLP |Ending a marriage is a major step in anyone’s life, and the outcome of your divorce will affect many aspects of your life for the foreseeable future. It’s natural to be worried about the financial implications of divorce, so you should know what to expect when it comes to dividing property and assets in an Orange County divorce.
Dividing Property and Assets in an Orange County Divorce
In California, the community property law applies to dividing property and assets. If you are filing for divorce in the Orange County Superior Court, you will need to prepare a financial disclosure statement that includes complete and accurate financial records. An experienced Orange County divorce lawyer can help you prepare this statement, ensuring there are no mistakes or omissions that could lead to delays or penalties.
The US Census reported in 2023 that about 10.5% of women and about 7% of men in California have been divorced, and all divorcing couples in the state must resolve property division according to the community property standard. There are many misconceptions about how community property works in California, and the attorneys at Quinn & Dworakowski, LLP, can explain what you can expect.
Resolving Property Division in Your Divorce
There are two main types of property in a divorce case: separate property, which belongs to just one of the spouses, and community property, which legally belongs to both spouses and must be evenly divided in their divorce. Each spouse has the right to claim separate property, but they must be prepared to prove that any such claimed property legally meets the definition of separate property.
Community property generally includes anything the couple acquired or earned during their marriage. It is important to remember that community property and separate property designations also apply to debts. For example, you could share responsibility for your spouse’s debts if they were acquired during your marriage and with your knowledge. This can understandably lead to disputes in some cases.
Your attorney can help you prove ownership over any separate property you intend to claim in your property division proceedings. They can also assist you with resolving any disputes regarding whether any separate property has transmuted to community property, and your attorney can negotiate for you when it comes to liquidating certain assets and splitting the proceeds.
Disputes can also arise if one spouse suspects that the other has hidden assets. Divorcing spouses are ordered by the court to submit complete and accurate financial disclosure statements, so any intentional attempt to hide assets is a direct violation of a court order. If this is discovered, the spouse who did this faces contempt of court, and they may also be forced to pay for the other spouse’s legal fees if additional expense was incurred to discover their hidden assets.
Ultimately, while the community property law for dividing property and assets in an Orange County divorce is meant to be straightforward and ensure the fairest possible outcome, the reality is that many people find it overly strict or overbearing in some cases. Quinn & Dworakowski, LLP, can help you make sense of this situation and approach the property division with clarity and confidence, so reach out to us today to learn how we can help with your case.
FAQs
Q: What Counts as Community Property in a California Divorce?
A: In a California divorce, community property includes any assets or debts acquired during the marriage by either spouse. This can include each spouse’s income while married, real estate and other property the couple purchased jointly, and investment accounts acquired and maintained using shared funds. Some couples may dispute whether certain assets or debts qualify as separate or community property.
Q: What Qualifies as Separate Property in a California Divorce?
A: In a California divorce, separate property can include anything a married person owned prior to their marriage, gifts that have been given only to them, and inheritance left only to them. In some cases, separate property can transmute into community property. For example, if one spouse owned a home before marriage but the other spouse helped pay property taxes and paid for maintenance during the marriage, the house may qualify as community property.
Q: How Is a House Split in a Divorce in Orange County?
A: Splitting a house in a divorce in Orange County can be accomplished in several ways. One of the most common ways is for the couple to sell the house and evenly divide the proceeds. However, if one spouse has custody of their children and wishes to remain in the family home, community property can be divided in a way that that spouse retains the home while the other receives other property equal to half the value of the home.
Q: How Is Spousal Support Determined in an Orange County Divorce?
A: In an Orange County divorce, spousal support is usually determined based on financial need, and the amount paid is calculated based on the difference between the higher-earning spouse’s income and the lower-earning spouse’s income. The length of time these payments must continue usually depends on how long the marriage lasted, but it can terminate early under certain conditions, such as if the recipient remarries or moves in with a new partner.
Q: Do I Need a Lawyer to Divide Property in an Orange County Divorce?
A: Yes, you should have a lawyer help you divide property in an Orange County divorce. Divorcing couples in Orange County may negotiate property division in mediation or other alternative dispute resolution, but compiling a complete and accurate financial disclosure statement and negotiating this aspect of the divorce will be much easier with an experienced attorney’s help.
Quinn & Dworakowski, LLP, can help you make sense of property division for your divorce in Orange County. The financial aftermath of a divorce can affect many aspects of your life, and having the right attorney on your side can help you make more informed and more confident decisions about this situation. Contact our team today to schedule a consultation and learn how we can help with your case.
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