Costa Mesa
Property Division Lawyer

About the Law Offices of Lisa R. McCall

As a dedicated family law practice, the Law Offices of Lisa R. McCall is well-equipped to handle complex property division cases. Our founding attorney, Lisa R. McCall, has nearly two decades of experience practicing family law in California as a litigator, appellate attorney, and mediator. Her strong background in family law gives her a unique advantage both in and out of local Costa Mesa courtrooms.

Lisa’s accolades include membership in the prestigious American Academy of Matrimonial Lawyers. She is also certified by the State Board of Legal Specialization as a Family Law Specialist and an Appellate Law Specialist. Her list of published cases includes multiple precedent-setting wins in property division cases before California appeals courts.

Types of Property Defined in California Divorce Law

To understand how property division works in California divorce cases, you must first look at how the law categorizes different forms of property. In the context of divorce, “property” encompasses both assets and debts. Property is split into two main categories under California divorce law. Community property is shared by both spouses, while separate property belongs to one or the other.

Any property you acquired before your marriage or after your date of separation, which is the day when your relationship clearly ended, counts as your separate property in California. Additionally, any profits earned from that property while you’re married are counted as separate property. If you inherit or get a gift during your marriage, that’s also separate.

Most other property acquired during a California marriage is community property. This includes most investments made or debts incurred in only one spouse’s name (e.g., retirement contributions). One notable exception is student loans, which are typically the separate property of the person who received the education. An asset attorney can help you learn what counts as community property in your marriage.

How Does Comingling Affect Property Distribution in California?

It’s not always clear where separate property ends and community property begins. In these cases, property is considered “commingled.” Suppose you used community funds to improve a car that was originally your separate property. This may give your spouse grounds to challenge your sole ownership, as they put funds into the vehicle too. It’s possible to split commingled property into community and separate during a divorce, but only with clear documentation.

When evaluating how to split commingled property, courts follow Family Code 2581, which states that any property gained during a marriage in California is presumed to be community property unless clearly separate or documented otherwise. If you claim separate ownership, you hold the burden of proof, which can be difficult to meet without strong evidence and help from a lawyer.

How Is Property Divided in California Divorce Cases?

If you and your spouse reach a settlement out of court, you can decide how to split your property yourselves. Most divorces, as with most civil cases in general, settle before trial. In 2022-2023, California court data shows that only 20% of unlimited civil cases and only 1% of limited civil cases went to trial.

If you cannot agree about how to divide your property, however, a judge will do it for you. California property division laws dictate that, in general, the court must attempt to divide the total value of the community property equally. This means that high-value assets that can’t reasonably be split, like a family home, often go to one party, while the other receives different assets of equivalent value.

In certain cases, California courts opt for unequal division because of marital harm or to ensure one spouse can continue holding the same standard of living. For example, if one spouse is judged to owe damages to their spouse for domestic violence, the court may take those damages out of the abuser’s share of community property.

Unequal division can also be the result of prenuptial or postnuptial agreements. Couples can sign these contracts to establish asset division arrangements and other rules in the event of divorce. While a good prenup can be to everyone’s benefit, some are unfair and may be challenged in court. You should consult a lawyer if you’re worried about how marital agreements will affect your property division case in Costa Mesa.  

How a Property Division Attorney in Costa Mesa Can Help

The property division process in Costa Mesa is often challenging, especially without legal support. An experienced divorce lawyer can help you prove ownership and safeguard you against unfair appraisals and unfavorable settlements.

Hiring an attorney can also help you avoid going to court. If you and your spouse are willing to work together but can’t come to an agreement by yourselves, an experienced attorney from the Law Offices of Lisa R. McCall can help you compromise and even negotiate settlements on your behalf. Our team is dedicated to protecting the rights of Costa Mesa residents and works tirelessly to ensure our clients receive the property they rightfully own.

Hire a Property Division Lawyer in Costa Mesa Today

Dividing property in a Costa Mesa divorce can be complicated, especially when you’re trying to navigate the emotional and financial stress that comes with a divorce. Luckily, you don’t have to go through the divorce process alone. At the Law Offices of Lisa R. McCall, our team is committed to helping residents of Costa Mesa find effective resolutions to complicated divorce issues, including property division.

Our firm is based in Orange, California, and we see clients throughout Orange County, Huntington Beach, and Costa Mesa. Contact us today to learn more about how we can help you.