Fair Oaks Property Division Lawyer

Years of Experience Protecting Families Throughout California

Our Popular Practice Areas:

Divorce
Spousal Support
Child Support
Death & Incapacity

Fair Oaks Property Division Attorney

The divorce process is more than just ending a marriage, it is also the formal process of assigning separate ownership rights to a divorcing couple’s marital property. If the divorcing spouses have children together, their divorce process will entail a child custody determination and child support arrangements. If you are expecting to divorce in the near future, a Fair Oaks property division lawyer can be a critical asset to have on your side during the process.

The attorneys at McCunn Law can provide the legal counsel you need to navigate your divorce proceedings successfully. Our team has years of experience assisting clients through the most difficult divorce cases, and we can put this professional experience to work in your case. If you are unsure of what to expect in your divorce case, we can help you approach the situation with confidence.

A Fair Oaks Property Division Attorney You Can Trust Call (916) 827-3427

Why Do I Need a Fair Oaks Property Division Lawyer?

Divorcing couples commonly cite property division as one of the most stressful aspects of divorce. Still, it is technically possible to navigate property division and divorce proceedings without legal representation. However, if you choose this option, you put yourself at a tremendous disadvantage—especially if your spouse has hired an attorney of their own. You could make unintentional procedural errors in the Fair Oaks family court system that interfere with your case. You may also overlook important aspects of your financial disclosure and reach an imbalanced property division result. Ultimately, hiring an experienced Fair Oaks property division attorney to represent you helps you avoid these issues and streamlines the divorce process.

The team at McCunn Law can assist you with the financial disclosure process, gather evidence that you need to support your legal position in divorce proceedings, and even coordinate expert witness testimony on your behalf if necessary. We believe in taking a client-focused approach to legal counsel, so we will get to know you and your situation at the outset of your case and help you predict what you can expect from the proceedings ahead of you.

California’s Community Property Law

California is one of nine states in the US that uphold community property statutes. Community property law requires all marital property to be divided equally in divorce, no matter the underlying cause. Many California residents consider the community property law to be overbearing or unfair in some cases. However, when it comes to your own divorce case, it is essential to understand how California’s community property law will apply and what you can do to ensure a more positive outcome in your case.

Community property laws state that divorcing spouses retain their separate property and divide their marital property. “Separate” property includes anything a spouse owned before marriage, gifts they received during the marriage, and inheritance from parents and other blood relatives. In some cases, separate property will “transmute” to marital property. For example, if you owned a home before marriage but added your spouse to the mortgage, this would likely constitute transmutation to marital property for the purposes of property division.

“Marital” or “community” property includes all assets and property a couple gained while married. This typically includes income earned by both spouses, jointly held bank accounts, and retirement accounts that appreciated in value during the marriage.

Benefits of Mediation for Property Division in California Divorce

When you litigate your divorce in the Fair Oaks, CA family court, the judge overseeing your case has the final say in every aspect of your divorce, including property division. Most judges will enforce California’s community property statute to the letter, resulting in property division determinations that spouses may deem unfair or ill-suited to their unique situation. It is possible to avoid this type of situation if you and your spouse are willing to consider alternative dispute resolution.

Mediation is the most popular means of engaging in alternative dispute resolution because it effectively allows a divorcing couple to negotiate the terms of their divorce in private. In many cases, spouses can reach a more mutually agreeable result than they could through divorce litigation. The mediation process involves both spouses and their respective attorneys meeting with a neutral mediator to negotiate their divorce terms. Unlike courtroom proceedings that become public record, mediation is entirely confidential and allows a divorcing couple to have more control over the outcome of their divorce.

If you are worried about a judge forcing you and your spouse to liquidate assets and sell property to split the proceeds, mediation could provide an opportunity for the two of you to negotiate a more personalized divorce settlement. Your Fair Oaks property division lawyer will help you prepare for your mediation sessions and provide valuable guidance through each stage of the process. In most situations, the combination of legal guidance and mediation can help you achieve a more personalized result to your property division determination than what a judge could offer.

What Happens If My Spouse Lies During Property Division Determination?

Financial disclosure is one of the most important aspects of property division proceedings in any divorce case. It is essential that you are entirely truthful and accurate when compiling your financial disclosure documents. The Fair Oaks family court takes any form of financial malfeasance very seriously.

Unacceptable financial activity can include attempting to hide assets to prevent their division under California’s community property statute or intentionally wasting marital assets. For example, accumulating debt on a spouse’s credit card intentionally in hopes of leaving them with the outstanding balance after divorce constitutes wasting assets. The judge overseeing the case may devise a legal method of punishing the offending spouse who engaged in this behavior.

If you believe your spouse has engaged in any such behavior, consult your Fair Oaks property division lawyer as soon as possible to discuss your concerns. Your attorney may consult with an expert witness such as a forensic accountant to conduct a thorough review of you and your spouse’s finances or suggest other potential remedies for malfeasance.

Start Working on Your Divorce Case Today

Once you have decided to divorce in Fair Oaks, CA, it is imperative to secure legal counsel as soon as possible. The divorce process can be strenuous even when you and your spouse are on agreeable terms. Hiring reliable legal representation as early as possible in the divorce process is the best way to streamline the overall experience. If you are ready to discuss your concerns with a trustworthy and experienced Fair Oaks property division lawyer, contact McCunn Law today and schedule a consultation with our team.

Why Choose McCunn Law

Our methods for handling child support and family law issues are unique. We offer legal assistance for a range of family law cases, including:

Mr. McCunn specializes in a holistic, project management approach which empowers you to make your own decisions throughout the process. He has a reputation as a peacemaker and his honest and pragmatic attitude towards divorce and other family law issues ensures you only pay for the services you need during your case.

“McCunn Law is a high-quality and highly knowledgeable legal team. I went into a consultation regarding child custody and was extremely happy with the plan and ultimately the results of my case. They create a plan with the client’s needs and wants in mind. Drummond is also great working with regarding what kind of budget a client would be able to afford. If I have any more legal needs in the future this is the office I will use every time.”

Megan P.

“McCunn Law is a high-quality and highly knowledgeable legal team. I went into a consultation regarding child custody and was extremely happy with the plan and ultimately the results of my case. They create a plan with the client’s needs and wants in mind. Drummond is also great working with regarding what kind of budget a client would be able to afford. If I have any more legal needs in the future this is the office I will use every time.”

Megan P.

“McCunn Law is a high-quality and highly knowledgeable legal team. I went into a consultation regarding child custody and was extremely happy with the plan and ultimately the results of my case. They create a plan with the client’s needs and wants in mind. Drummond is also great working with regarding what kind of budget a client would be able to afford. If I have any more legal needs in the future this is the office I will use every time.”

Megan P.