Dividing Community Property In A San Jose Divorce: Four Factors That Impact Your Rights

When going through a divorce in San Jose, one of the most important issues that must be resolved is the division of community property. Decisions made during these proceedings can impact your well-being and ability to recover financially in the aftermath.

You are legally entitled to an equal portion of all homes, cars, money in bank accounts, and other assets accumulated during your marriage. However, there are circumstances in which you may be entitled to more than your fair share. Our San Jose divorce attorney explains four common factors that impact your rights and influence how marital property is divided in California.

Community Property And Factors That Influence Property Division In San Jose

California is considered a community property state. This means that, under the California Family Code, anything earned, acquired, or accumulated during your marriage is considered as being owned equally by both spouses. However, rather than simply dividing everything on an equal, 50/50 basis, the court typically considers a variety of factors in determining the exact amount you may be entitled to. These include:

Hidden Assets

To avoid losing or sharing ownership of certain assets in divorce proceedings, your spouse may attempt to hide them instead. Hidden assets may take the form of hidden earnings, profits, or commissions and temporarily transferring property titles for safekeeping. If your spouse is revealed to have engaged in this behavior, it could entitle you to a greater portion in your divorce settlement.

Dissipation

This is similar to hidden assets but often involves giving money or property away to family and friends, rather than having it subject to marital division in a divorce. It is another common behavior that is frowned upon by the court and could result in you getting more than just an equal share.

To Get The Maximum Amount Of Marital Property You Are Entitled To, Contact Our Experienced San Jose Divorce Attorney

 Division of marital property is a crucial issue when filing for a divorce in San Jose, and the outcome could impact your well-being and financial recovery long afterward. At Argyris Mah, LLP, we provide the trusted, experienced legal representation you need. To protect your rights and get the maximum you are entitled to, call or contact our office online. Request a consultation with our San Jose divorce attorney today.

Sources:

leginfo.legislature.ca.gov/faces/codes_displayexpandedbranch.xhtml?tocCode=FAM&division=7.&title=&part=&chapter=&article=&nodetreepath=9

santaclara.courts.ca.gov/divisions/family-division