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When going through a divorce, if spouses cannot determine how to divide jointly owned property, courts have the option of dividing property using two methods: community property or equitable distribution. Under the principles of community property, all property acquired during the “marital enterprise" is divided equally between both parties, half to one and half to the other. Under the principles of equitable distribution, a greater share of the assets are considered “marital property,” and the split is not necessarily equal for both parties. Courts consider the totality of circumstances and make a ruling that is fair to both parties. This judgment may not mean equal distribution and can involve separate property, but is intended to compensate both parties fairly.
Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin, and Puerto Rico all utilize the principles of community property when dividing assets. Separate property typically is retained by the spouse who owns it.
The 39 remaining states assets utilize equitable distribution where marital earnings and debts are equitably distributed, but not necessarily half to each party. Depending on circumstances and to ensure that the distribution is fair to both spouses, courts can order one party to turn over separate property to their spouse upon divorce.
Nothing in this article should be construed as legal advice. Individual circumstances and facts vary from case to case. Any and all questions about divorce, division of assets or family law should be directed to a qualified and experienced family law attorney.About Pacific Beach, California:
Pacific Beach is a beautiful part of San Diego that sits on the Pacific Ocean to the west and Mission Bay Park on the east. This great little beach community, called "PB" by the residents, is home to a large population of college students, surfers and tons of tourists who drive from miles away to enjoy the beach lifestyle. PB has many trendy bars, restaurants, clubs, and tons of beach related activities like surfing, sailing, kayaking, and jet skiing.
PB is known by locals to be one of the most popular beaches in San Diego. Tourists flock here during the summer and during holidays. As with many beach front communities, one of the main focuses of PB is its amazing boardwalk. The boardwalk at PB is two miles of pavement where you can walk, jog, bike, or rollerblade right next to the beach. Another popular destination is Crystal Pier in the middle of the boardwalk.
Residents needing family legal and court services can access the downtown courthouses which include the San Diego Superior Court House on West Broadway, the Family Law Court House on Sixth Avenue and the Madge Bradley Court House on Fourth Avenue.About Doppelt and Forney, APLC:
The attorneys at Doppelt and Forney, APLC, practice in all areas of family law. We also have many years of experience helping residents just like you find resolution to their family law legal issues. Contact our offices today for a confidential legal consultation. During this initial meeting, we will sit down with you and talk in detail about your unique circumstances and help tailor a plan to help you achieve your legal goals.
Our firm is located just a short drive from Pacific Beach in Rancho Bernardo. Our offices can be found in the Clock Tower Office Complex off the I-15. Simply exit the freeway at Bernardo Center Drive and we can be found on the second floor. Parking is free and there is an elevator for wheelchair access. We are proud to be members of the San Diego County Better Business Bureau and also the San Diego County Bar Association. To better serve you, our offices are open Monday through Friday from 8am to 5pm and closed on weekends and all legal holidays. Call us today!