The characterization and division of marital property is an important part of any divorce or legal separation case. The first step is to ascertain whether any of the property is properly characterized as the separate property of one of the parties. That is confirmed to that party without offset. The remaining community property is then divided equally between the parties. The Court has wide discretion on how the community property is divided, so long as it is divided equally.
Property division, separate property claims, and reimbursement claims can be particularly complex and without the guidance of an experienced Family Law Attorney, it is easy to overlook certain property rights a party would otherwise be legally entitled to.
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Del Ponte & Hirz | Attorneys at Law
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