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Property Division FAQ

Answers from Our Oceanside Divorce Attorneys

If you are filing for divorce, you will most likely need to negotiate the division of your property with your partner. This can be an extremely contentious matter, and you’ll likely have a lot of questions about the process. We have provided answers to commonly asked property division questions to help you.

If you still have questions, contact Fischer & Van Thiel, LLP online or call (760) 621-7101 to learn more.

Do I have to reveal the fact that I have a 401k plan in my California divorce?

Yes, even if the other party is not going to contest it, you have to reveal your 401k during your California divorce. There are consequences if you choose not to disclose all of your assets and debts during your divorce. Such penalties include having your final judgment set aside and financial penalties.

Will our property be divided 50/50?

In California, any property – other than gifts and inheritances – acquired during the marriage is considered community property. Anything acquired before the marriage or after the separation is considered separate property. All community property will be split 50/50 in California. Debts, however, are divided equitably – meaning there is an eye toward fairness rather than 50/50 equality.

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Fischer & Van Thiel, LLP
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