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Asset & Debt Division San Diego’s Family Law Experts®


Property Division Lawyer in San Diego

Our Team Can Help You Divide Properties and Debts

When a couple files for divorce in San Diego, one of the many aspects that must be addressed is that of asset and debt division. If the couple is unable to agree on how to divide their marital property and debt-which is all the property and debt acquired during the duration of the marriage-the matter will be decided by a judge.

This can include things such as:

  • Marital home
  • Cash
  • Work benefits
  • Retirement accounts
  • Stocks
  • Vehicles
  • Insurance

Concerned about asset or debt division in your divorce? Our lawyers can help protect your interests. Call (858) 492-7968!

Factors that Judges Consider When Dividing Marital Property

If a divorcing couple is unable to agree on a final decision in regards to the division of property or debts, the judge will make a decision by considering the following factors:

  • Each spouse’s power to earn income
  • The health of each spouse
  • The overall health of each party
  • The amount each party contributed to acquiring marital property
  • The amount each party contributed to the earning power and education of the other party
  • The value of each party’s separate property
  • The future monetary needs of each party
  • Premarital agreements

Separate Property vs. Marital Property

There is a difference between separate and marital properties. Separate properties are any that were gained prior to marriage or were acquired as a gift or by inheritance. Marital property is any asset that is acquired during the duration of marriage using shared funds. During the divorce process, marital property must be divided. In some instances, separate property is also divided if necessary.

Of course, property and debt division can be highly complex, especially if both or one spouse has acquired much debt or properties prior to or during the marriage. For this reason, it is wise for individuals considering divorce to contact legal representation right away. Failure to do so can lead one or both spouses to suffer monetary problems for the remainder of their lives.

FAQ: Asset & Property Division in San Diego 

How is community property defined in California?

Community property includes all assets and debts acquired by a couple during their marriage. Under California law, these are typically divided equally unless the parties agree otherwise.

What are the steps for dividing assets and debts?

The division process involves identifying and valuing all marital assets and debts. Negotiations or court proceedings then determine an equitable division, factoring in each spouse’s contributions and needs.

What role does legal representation play in property division?

Legal representation ensures that your rights are protected and that assets and debts are divided fairly. An attorney provides guidance, handles negotiations, and represents your interests in court.

How are disputes over asset division resolved?

Disputes are often resolved through negotiation or mediation. If an agreement cannot be reached, the court will make a final decision based on evidence and applicable laws.

What impact do prenuptial agreements have on property division?

Prenuptial agreements can specify how assets and debts will be divided, potentially overriding standard community property laws. They must be legally valid and enforceable at the time of divorce.

How are business assets handled in property division?

Business assets are assessed for their value and classified as community or separate property. Legal representation can help protect business interests during the division process.

How are retirement accounts divided?

Retirement accounts are typically considered community property and divided equitably. This process may require a Qualified Domestic Relations Order (QDRO) for proper division without tax penalties.

Why is accurate asset valuation important?

Accurate valuation ensures a fair division by assessing the market value of properties, investments, and businesses. This step is crucial for achieving an equitable settlement.

What should I do if I suspect hidden assets?

If hidden assets are suspected, an attorney can use legal tools such as subpoenas or forensic accounting to uncover them, ensuring a fair distribution of all marital property.

Our Team is Equipped with 200+ Years of Combined Experience

Our team of lawyers is backed by more than two centuries of collective experience in handling various divorce and family law matters. When handling asset and debt division cases, we take every detail into consideration along with the concerns and needs of those we represent.

With inclusion on the Super Lawyers® list, our attorneys are well-versed regarding this area of family law. In fact, ten of our lawyers are certified and identified as Board Certified Family Law Specialists. Their expert-level knowledge allows us to tackle cases with a strategic approach.

Protect Your Assets with a Skilled Property Division Lawyer

Dividing properties and debts during a divorce can be a complex and emotionally charged process. At Moore, Schulman & Moore, APC, our experienced property division lawyers in San Diego are here to guide you through this challenging time and ensure that your assets are protected.

Why choose our property division lawyers?

  • Expertise: Our team of attorneys specializes in divorce and family law and has extensive experience in property division cases. We have a deep understanding of California's community property laws and can provide you with the knowledge and expertise needed to navigate the division process.
  • Customized approach: We understand that every divorce case is unique. Our lawyers will work closely with you to understand your specific circumstances and goals. We will develop a personalized strategy tailored to your needs to help you achieve a fair and favorable division of your assets.
  • Negotiation and litigation skills: Our lawyers are skilled negotiators and litigators. We will strive to reach a fair settlement through negotiation, but if litigation becomes necessary, we are prepared to aggressively advocate for your interests in court.
  • Compassionate support: We know that divorce can be emotionally challenging. Our lawyers will provide you with compassionate support throughout the property division process. We will listen to your concerns, answer your questions, and provide you with the guidance you need to make informed decisions.

Don't leave the division of your assets to chance. Contact our San Diego asset division attorneys today to schedule a consultation and protect your financial future.

Have More Questions? Call Moore, Schulman & Moore, APC

If you have questions regarding asset or debt division, we can give you the answers you need to feel more at ease moving forward. With our help and experience on your side, your case will be finalized in the most timely and effective manner possible. It is our mission to make the divorce process less stressful for our clients. As soon as you get in touch with us, we will begin working on a results-driven strategy specifically for your case.

Contact us today to speak with our asset division lawyers in San Diego, CA.

Why Families Choose Us During Difficult Times

    "My heart is full of gratitude."

    My heart is full of gratitude, and I slept more soundly last night than I have in a long time. You all helped make that happen.

    - JC
    "You all did such an amazing job."
    So glad that’s done. You all did such an amazing job and Kevin absolutely nailed it in court. Thank you so much means the world.
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    Dear Julie, You are wonderful and I feel fortunate to have you on my side! Thank you for your strength and support!
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    "Top notch service and an incredible experience."
    I would like to express my great experience with Kevin Polis and his team of amazing professionals on a job well done with my case.
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    "Thank you all so very much for your help."
    Thank you all so very much for your help. Words can’t even convey how much I appreciate all your help in gaining a fair shake, to be able to have time with my daughter and the stress that is no longer a part of what was my daily life over the concern
    - BT
    "I appreciate what your firm has done for me and doing an exceptional job winning my cases for me."

    I appreciate what your firm has done for me and doing an exceptional job winning my cases for me. 

    - Anthony

    The MSM Difference

    Award-Winning Family Law Experts


    • Certified
      Ten of our attorneys have earned the distinction of certified family law specialist.
    • Equipped
      Skilled in litigation and mediation, we are prepared to handle any type of divorce.
    • Attentive
      We respond quickly to clients and ensure they are always informed about their case.
    • Seasoned
      Our professionals have more than 200 years of combined family law experience.

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