Property Division

Carlsbad Property Division Lawyer

Navigating Property Division Cases in California

Navigating the complex terrain of property division during legal proceedings can be a challenging and emotionally charged experience. At McKinnon Law, our team of seasoned professionals is ready to provide comprehensive legal counsel to individuals facing property division matters in Carlsbad and throughout California. With a wealth of experience, we approach each case with dedication and a deep understanding of the state's nuanced laws governing property division.


Call McKinnon Law Firm today at (760) 227-2476 or contact us online to schedule a meeting with our property division attorney in Carlsbad!


What is Property Division?

Property division is a crucial aspect of family law that arises when a couple decides to dissolve their marriage or partnership. It involves the fair distribution of assets and debts acquired during the marriage or domestic partnership. These assets may include real estate, financial holdings, investments, and personal property. At McKinnon Law, we recognize that each case is unique, and our tailored approach ensures that our client's specific needs and circumstances are considered.

How is Property Divided in California?

California follows the principle of community property when dividing assets during a divorce or legal separation. This means that all property acquired by the couple during the marriage or domestic partnership is considered community property and is subject to equal division.

However, it's essential to note that not all property falls under community property. Separate property, which includes assets owned by one spouse before the marriage, gifts, or inheritances received by one spouse during the marriage, is not subject to division. Determining what constitutes community property and separate property can be intricate, and our experienced Carlsbad property division lawyers are well-versed in navigating the complexities of California's property division laws.

Property Division Process in California

The property division process in California involves several key steps, and having a knowledgeable attorney by your side is crucial to ensuring a fair and equitable outcome.

  • Identification and Valuation of Assets: The first step is to identify and categorize all assets and debts as either community or separate property. This may involve obtaining appraisals for real estate or valuations for businesses and other significant assets.
  • Negotiation and Settlement: Our skilled attorneys diligently negotiate fair settlements that align with our client's goals and priorities. We understand the importance of preserving amicable relationships when possible and strive to find mutually beneficial solutions through negotiation.
  • Litigation if Necessary: In cases where an amicable agreement cannot be reached, our firm is prepared to litigate aggressively on behalf of our clients. We have a track record of success in the courtroom and are committed to protecting our client's rights and interests.
  • Finalizing the Division: Once an agreement is reached or a court order is issued, the final step involves executing the division of assets and debts. Our meticulous approach ensures that all necessary legal documents are prepared and filed promptly to resolve the property division process.

Contact Our Carlsbad Property Division Attorney Today

Navigating property division in Carlsbad requires a legal partner with a deep understanding of California's family laws. At McKinnon Law, our team is dedicated to providing the guidance and advocacy you need during this challenging time. Whether through negotiation or litigation, we are dedicated to securing the best possible outcome for our clients. Contact us today to schedule a consultation and take the first step toward a fair and equitable resolution of your property division matter.  


Contact McKinnon Law Firm today to meet with our property division lawyer in Carlsbad!


Family Law

Frequently Asked Questions
  • How is spousal support calculated?
    There is no specific formula or calculation to determine permanent spousal support. In awarding permanent spousal support, the Court will consider the respective incomes of the parties, the earning ability of the supported spouse, the standard of living during the marriage, as well as other factors set forth in Family Code Section 4320.
  • Do I have to pay child support if we have equal time with our children?

    It depends. In California, child support is calculated by a statewide guideline formula. The factors considered in this formula include the parties’ respective incomes, the timeshare of the children, health insurance deductions, required union dues and retirement, as well as other factors. If the parties have equal parenting time with the children, but one party earns more income, then the higher earning parent may have to pay child support. Whether a parent will have to pay child support and the amount depends on the particular circumstances in each case.
  • What is Family Court Services Mediation?
    Family Court Services Mediation is child recommending counseling imposed by the Court when custody issues cannot be resolved by the parents informally. Both parties are required to attend this mediation without their attorneys. A mediator who works for the Court will meet with both parties to assist them in reaching agreements regarding custody and a child sharing plan. If the parties cannot agree to custody and parenting during FCS mediation, then the mediator will issue a report to the Court making recommendations as to what the custody and parenting arrangement should be for the children.

Contact us

Reach out to the McKinnon Law Firm today to schedule your free consultation.
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