Carlsbad Family Law Attorneys
Property Division FAQ Compassionate in Our Approach, Decisive in Our Strategy

Property Division FAQ

Ask Our Property Division Attorneys

At Griffith, Young & Lass, we recognize that property division in divorce can get complicated rather quickly, despite California’s community property laws. To help you better understand and prepare for the process, we’ve compiled answers to some of the questions we receive most often about the property division process in California. Keep reading to learn more!

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 to marriage are separate property. However, in certain circumstances, the marital community can acquire an interest in the separate property of one spouse. One 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 the house title 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, 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 and credit cards?
If the money was earned during the marriage, then it is divided in half upon dissolution of the marriage. If the debt was accrued during the marriage, then it is divided in half upon dissolution of the marriage. Unless you have a prenup, 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.

More questions? Give us a call at (858) 371-5569 or contact us online to schedule an appointment at our Carlsbad office.

Meet Our Team 

Honest. Fearless. Bold.
  • John N. Griffith, Esq., CFLS
  • Catie E. Young, Esq., CFLS
  • Amy J. Lass, Esq., CFLS
  • Shirin Asgari, Esq., CFLS
  • Noelle J. Slattery, Esq.
  • Eric Cowdery, Esq.
  • Joshua Yee, Esq.
  • Shaudi Malekzadeh, Esq.
  • Lea Trojanowski, Esq.
  • Greyson Sharp, Esq.
  • Brittany Van Ryder, Esq.
  • Karissa Piralla, Esq.
  • John N. Griffith, Esq., CFLS John N. Griffith, Esq., CFLS

    Partner

    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. Prior to opening Griffith, Young & Lass, he worked as the managing partner of one of the largest family law firms in North County San Diego.
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  • Catie E. Young, Esq., CFLS Catie E. Young, Esq., CFLS

    Partner

    Catie E. Young excels in child custody cases and move-away trials. She has a unique approach to child custody cases and clients of Griffith, Young & Lass tend to gravitate toward her in these cases. Since joining the firm, she has continuously brought her zeal and compassion to representing clients in child custody and domestic violence cases, and in December 2011, she became a partner at Griffith, Young & Lass.
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  • Amy J. Lass, Esq., CFLS Amy J. Lass, Esq., CFLS

    Partner

    Amy Lass, a certified family law specialist, 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. Amy went on to earn her law degree from Thomas Jefferson School of Law and graduated cum laude in 2006.
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  • Shirin Asgari, Esq., CFLS Shirin Asgari, Esq., CFLS

    Associate

    Attorney Shirin Asgari has a broad spectrum of legal experience and has handled matters in family law, criminal law, business law, and national security law. Currently, she focuses on family law matters and is a strong advocate for the rights of her clients. She dedicates time and attention to the needs of each client and the unique circumstances their case presents.
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  • Noelle J. Slattery, Esq. Noelle J. Slattery, Esq.

    Associate

    Noelle J. Slattery, Esq. has a bachelor’s degree in Performing Arts/Acting from Emerson College in Boston and a Juris Doctor ...
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  • Eric Cowdery, Esq. Eric Cowdery, Esq.

    Associate

    Eric Cowdery earned his bachelor’s and Master’s degrees before earning his JD from Golden Gate University as part of the Honors Lawyering Program. He was admitted to the California Bar Association in 2013 and has been working diligently in the field ever since. Taking a personalized approach to each case, Eric Cowdery is committed to working with clients to help them through the often confusing and complex legal process of divorce.

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  • Joshua Yee, Esq. Joshua Yee, Esq.

    Associate

    Attorney Joshua Yeereceived his Bachelor of Arts degree in Political Science, from the University of California, San Diego. Joshua went on to receive his Juris Doctor degree from University of San Francisco. His experience working with a local Certified Family Law Specialist solidified his desire to become a family law attorney. Since becoming an attorney, Josh has exclusively practiced in family law.
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  • Shaudi Malekzadeh, Esq. Shaudi Malekzadeh, Esq.

    Associate

    Shaudi Malekzadeh is a Carlsbad family law attorney at Griffith, Young & Lass, advocating for the rights and interests of Southern California families in a variety of family law cases, such as child custody, alimony, spousal support, and the division of community property. She is committed to delivering effective legal representation to our clients, aggressively advocating for their legal rights, and offering compassionate legal advice.
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  • Lea Trojanowski, Esq. Lea Trojanowski, Esq.

    Associate

    Lea Trojanowski is an attorney with Griffith, Young, and Lass, joining the firm in March 2021. Her pragmatic and level-headed approach to family law has allowed her to be successful in even the most emotional family law cases. Lea has effectively represented clients in a wide range of family law proceedings, but is particularly drawn to domestic violence restraining order cases.
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  • Greyson Sharp, Esq. Greyson Sharp, Esq.

    Associate

    Greyson Sharp received his Bachelor of Arts degree in Communications from California State University, Fresno. After ...
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  • Brittany Van Ryder, Esq. Brittany Van Ryder, Esq.

    Associate

    Brittany Van Ryder joined Griffith, Young, and Lass as a Bar Clerk in September 2022. She became an Associate Attorney at the ...
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  • Karissa Piralla, Esq. Karissa Piralla, Esq.

    Associate

    A San Diego native, Karissa earned a Bachelor's Degree in Communication from UCSD and a Juris Doctorate from the University ...
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