Dividing property during divorce is often one of the most challenging issues couples face. While many people associate these challenges with litigation, that is not the only way for couples to reach a fair division of their property. What should you know?
What happens to a couple’s property in a California divorce?
In California, the law says most of what you acquire while married is jointly owned. This includes real estate, bank accounts, investments and personal property. However, exceptions exist for gifts, inheritances and assets acquired before the marriage, which are typically considered separate property.
Generally, California courts divide community property equally. However, one person might get more if they both agree to it or have reasons to divide things differently. This means that reaching a fair outcome is a nuanced issue that requires careful consideration of details like valuation of property and each person’s future needs.
How can collaboration or mediation help you decide what happens to your property?
While litigation is one way for couples to divide their property, it is not the only option. In a collaborative divorce, both people work together to settle things out of court. They focus on communicating openly and resolving issues through negotiation. The aim is to create a respectful space where both people can compromise and protect their interests.
Divorce mediation can also offer another way to handle property division. A neutral mediator helps the couple talk and negotiate to reach a settlement they both agree on. This way is usually less confrontational than going to court, and it lets the couple find solutions that fit their unique situation.
Choosing collaborative divorce or mediation has several benefits, like:
- Reduced conflict: These methods help lessen the emotional stress and fighting that often come with divorce.
- Privacy: Mediation is confidential and collaboration allows couples to keep their negotiations out of court, allowing them to maintain their privacy.
- Control: Couples have more say in the outcome since they work together to make agreements that suit them best.
- Cost-effectiveness: Collaborative divorce and mediation are often cheaper than going to court, saving both time and money.
If you wonder whether these paths could offer you a more peaceful way to divide your property, consider discussing your divorce with an attorney. They can help you determine the best option for you.
Peaceful property division is possible
While property division can be a source of conflict, it is also possible to approach this task with kindness and teamwork through collaborative divorce or mediation. By understanding your rights and option, you can find a fair and friendly solution that works for everyone.