Menu
menu
Keep Them Smiling

This is a difficult time for you and your family. You deserve the best legal representation available.

Ask a Divorce Lawyer – Property Division FAQ

What does community property mean?

Community property is all property acquired by either party during the marriage except gifts and inheritances.

What if I brought assets into the marriage?

Assets owned prior marriage are separate property. However, in certain circumstances, the marital community can acquire an interest in the separate property of one spouse. Once example is when mortgage payments are made with community income on a separate property house after the date of marriage.

What if my spouse signed over title to the house to me?

In California, title of a house does not generally control on the issue of ownership in divorce cases. In fact, if one spouse signs over title of a marital asset to the other during the marriage, then there is a presumption of undue influence that must be rebutted by the spouse asserting sole ownership of the property.

What if we have separate bank accounts/ credit cards?

If the money was earned during the marriage then it is divided in half. If the debt was accrued during the marriage then it is divided in half. Unless you have a prenupt then the name on the account makes no difference.

Who gets to keep the house?

Two things can happen to a marital house, it can be sold with the proceeds divided, or one party can purchase the other party’s interest from them. If both parties want to keep the house then it will generally be ordered sold.

How is a pension divided?

In California a pension is divided by calculating the community interest and awarding the non- employee spouse his or her half. The formula used is called the time rule or the Brown Formula and considers the overlap of marriage and time served with the company. The community is only entitled to a pro-rate share of the pension and does not get credit for working years during which the parties were not married.

Meet Your Dedicated San Diego Family Attorneys
Family Attorney John N. Griffith, CFLS
Family Attorney John N. Griffith, CFLS

Family Attorney, John N. Griffith, CFLS

John Griffith has practiced exclusively in the area of family law since 2009. John is a Certified Family Law Specialist certified as an expert in the area of family law by the California Board of Legal Specialization.

858-345-1720
john@gylfamilylaw.com

Family Attorney, Catie E. Young, ESQ.
Family Attorney, Catie E. Young, ESQ.

Family Attorney, Catie E. Young, ESQ.

San Diego family lawyer Catie Young has a wide range of litigation experience. She has worked in civil litigation. She has successfully represented clients in many areas of family law including child support, child custody, divorce and domestic violence. She has a unique approach to each child custody case, so clients of Griffith, Young & Lass tend to gravitate toward her in these cases.

858-345-1720
catie@gylfamilylaw.com

Family Attorney Amy J. Lass, Esq.
Family Attorney Amy J. Lass, Esq.

Family Attorney, Amy J. Lass, Esq.

Amy Lass was born in New York and raised in San Diego, California. Amy graduated from Cal Poly, San Luis Obispo in 2003 with a B.S. in Economics with a concentration in Enterprise Accounting and went on to earn her law degree from Thomas Jefferson School of Law and graduated cum laude in 2006. Amy takes a practical and cost considerate approach to the process while striving to balance the emotional needs and objectives of her clients.

858-345-1720
amy@gylfamilylaw.com

  • acfis
  • acfis
  • bear
  • bear
  • bear
The Typical Divorce Process in California
We deliver results
I am beyond grateful for the entire staff at Griffith, Young, and Lass. I don't even call myself a client anymore, they are my friends that protected my family and fought with me, side by side.-Erik H., San Diego