Asset & Property Division

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The process of getting divorced is not only emotionally challenging, it can also pose financial challenges. Which assets that you share with your spouse will end up with you? What will your former spouse take away? At the Law Office of Michael C. MacNeil, I can help you protect assets from divorce starting on day one.

Community Property Principle in California

California is considered to be a “community property” state. This means that during your divorce proceedings, the court will split your property equally between you and the other party.

But an “equal split” is not the same as splitting your community property in half. Your spouse may get more of the community property than you do because of circumstances such as financial viability or child care costs.

Any separate property that you individually own will not be split during a divorce because it is not considered “community property.” Separate property refers to any asset that you owned before getting married.

However, the definition of “separate property” does have some exceptions that may help those aiming to protect their assets from divorce. For example, if you acquired an inheritance or a gift during your marriage, even though you received it while married, the court will treat it as separate property.

You may end up leaving the marriage with more separate property than your future ex-spouse, but the court may still award your spouse over 50% of your community property depending on economic feasibility.

How Does Asset Division Work?

Even though the law in California requires that your shared property be split equally, it doesn’t require that all individual assets be split in half. After all, some assets—like houses—cannot be split in this way. When it comes to the marital home, a judge may give you the chance to pay your future ex half of your home’s value if you decide to keep it for yourself. In addition, if you own several real estate pieces, you and your spouse can split these properties in a manner that will ensure an equal division of the properties’ value.

In some cases, judges may rule that what was once considered separate property is now communal or shared property. This is known as “transmutation.” Even if no paper trail exists, your spouse may try to prove transmutation through a process called “tracing.”

Property division can certainly be complicated, but it is also my specialty. I can help you protect assets from divorce. To learn which parts of your property are considered separate, which parts are considered shared/communal, and which parts are at risk of transmutation claims, you can request a free consultation with my office.

what people say

AndrewAndrew
19:29 10 Feb 24
I was dealing with a very malicious neighbor who filed baseless lawsuits as harassment to cover up their illegal construction. Michael sucessfully defeated them in court; and was also able to get them to pay my attorney fees, thereby detering further baseless lawsuits. Michael is unique in that he will work with his clients to devise feasible and successful court strategies, is affordable, is unassuming. and gets back to you when you have a question, unlike other attorneys. Michael also has a lot of experience since he spent many years as a deputy district attorney and in private practice dealing with a wide variety of civil and criminal cases. He knows his way around a court room. I was very satisfied with his representation and highly recommend Michael MacNeil if you need smart, effective representation.
Alan LewisAlan Lewis
23:53 20 Oct 23
As a former attorney, I can tell you that Michael is one of the best I've worked with. His advice is spot on, he gets the job done and doesn't overbill. If you're on the fence, this is your sign to hire him.
Angel RosarioAngel Rosario
22:39 05 Aug 23
Excellent Attorney. Got my issues settled quickly and fairly!
Jon ClaytonJon Clayton
03:59 28 Jan 23
Incredible. He is ethical and honest and what a family law attorney should be. He helped with a contempt issue and was spot on the entire time. He was easy to work with and incredible supportive. I would give him more stars if I could.
Shekia DrakeShekia Drake
02:48 13 Jan 23
I cannot brag on Mr. MacNeil enough!! I thank God for him and giving me strength to get through my divorce. It was rough, but Mr. MacNeil gave me reassurance that everything would work out through communication and helping me understand this whole process. He's very honest, fair, and goes above and beyond for his clients. His communication is ON POINT! I was worry-free throughout majority of this process. BTW... I was not paid or begged to write this review. He's just that awesome in my opinion.
Ken JetersKen Jeters
17:42 06 Jun 22
Mr. Michael MacNeil was my attorney for a very difficult divorce procedure. I could not have found a better attorney to represent me. Mr. MacNeil was exceptional in details, follow through, and outstanding representation in court. His knowledge, honest advisement and professionalism achieved a positive result that I will always owe him my debt of gratitude. I have never worked with a better attorney in my life.
Suzanne FoxSuzanne Fox
16:54 06 Jun 22
Mr. Michael MacNeil recently handled some family legal matters that were quite extensive. He is one of the most outstanding professionals we have ever worked with. He handled everything in a timely manner with a meticulous attention to details. We had the best representation and advocacy, and because of his outstanding work we had an excellent outcome. We highly recommend him and he is the only one we will use to handle any future legal matters if any arise.
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