None of us like to think about how a divorce would unfold in our lives, but the fact of the matter is that nearly 50% of marriages end that way. It’s a given you will lose your spouse (even if only in name) by the end of the process, but what else do you stand to lose?

You might have your own idea of what a fair division of property in a divorce would look like but, in the State of California, you might be in for an unwelcome surprise.

Community Property vs. Equitable Distribution

California is a “community property” state – one of nine in the United States. A community property state considers all assets acquired during the marriage to be considered community property and subject to an even 50-50 split in the event of a divorce.

That means if you scrimped and saved your pennies to come up with the down payment for the house and your paycheck pays the mortgage, your spouse is still entitled to half after you part ways. The Camaro you bought to celebrate that big work promotion– half belongs to them. Everything and anything, regardless of each individual’s contribution, is split 50-50.

Equitable distribution states, on the other hand, seek to divide assets “equitably,” often looking to do what’s “fair” instead of “equal.” This leaves the court to answer questions on what is fair when a 50-50 split is not followed.

If you’re getting a divorce in the East Bay Area, expect community property to provide the guidelines for what will be divided during the divorce. A Family Law attorney will be able to help determine what will be split if the decision is left to the court.

What’s Mine Stays Mine

If you’re the breadwinner of the marriage, it seems unfair to give up half of your assets, especially if you feel your partner is the reason the marriage failed to begin with.

California is tricky, since community property seeks to make the division of property and assets simple and easy, but there are ways to walk away with a bigger share if it’s what you rightfully deserve.

A Family Law attorney will be able to review your specific details and work to secure what’s right for you. Questions you may have:

• Is it possible to reach an agreement through mediation?
• Am I able to convert certain marital assets to separate assets if they are rightfully mine?
• What happens to property I purchased before marriage, but still made payments on during the marriage?

Even with community property as a practice, there are things that might change the outcome depending on the situation, details, and judge reviewing the proceedings.

Bagner Law, PC

Don’t guess what you’ll walk away with in a divorce. Call Vonnah Bagner of Bagner Law, PC and get some answers. Her years of experience have given her incredible insight on divorces of all kinds and how they tend to unfold in the State of California. She will do her best to ensure you receive the outcome you want and the outcome you deserve.

Contact Bagner Law, PC today for more information.

If you have family woes, and you don’t know what to do, Vonnah Bagner is the attorney for you!