Community Property


Resolving Issues for Divorcing Individuals in Orange County

Most divorces and legal separations involve significant property issues. Even when the parties have no property, often there is debt that must be allocated between the parties. At The Buncher Law Corporation, our attorneys know how to spot and deal with the various property issues that may arise.

How Is Marital Property Divided in California?

In California, community property and debts are usually divided 50/50, while each spouse keeps his/her respective separate property. However, property often becomes commingled – in which case it is presumed to be “community property” until proven otherwise. A forensic tracing of property can be performed by a suitable expert to identify a spouse’s separate property.

When Spouses Attempt to Abscond or Hide Assets

Spouses have fiduciary duties to one another just like partners in a business. A spouse who breaches that fiduciary duty by attempting to abscond with community property can be ordered to return that property and pay penalties to the other spouse.

We may be able to obtain reimbursement and additional compensation if your spouse has:
• Absconded with community funds
• Spent funds without your knowledge or consent on separate property debts or other matters such as gambling

When it is suspected that a spouse may be attempting to abscond with, move, or conceal community property, it is often best to get a petition for dissolution of marriage or legal separation filed right away. This causes "Automatic Restraining Orders" to go into place. Then, if the spouse in question attempts to abscond with said property, they will be in violation of court order, which may be punishable under the penal code and subject to fines.

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