Property Division

In California, property division during divorce follows the rule of community property—meaning most assets and debts acquired during the marriage are considered equally owned by both spouses and subject to a 50/50 split.

However, things are rarely that simple.

Issues like separate vs. community property, commingled assets, business interests, and retirement accounts often create conflict and confusion. At Fernandez Family Law, we help clients across San Luis Obispo, Santa Maria, Paso Robles, and the Central Coast protect their rights and pursue equitable outcomes with precision and care.

How the Property Division Process Works

Here’s a step-by-step breakdown of how property is identified, valued, and divided in California divorce cases:

✅ Step 1: Identify and Categorize Assets

We help determine what assets are:

• Community property (earned or acquired during the marriage)
• Separate property (owned before marriage or acquired by gift/inheritance)
• Mixed/commingled assets (blended over time and harder to classify)

✅ Step 2: Gather Financial Documents

We’ll request and analyze documents such as:

• Real estate deeds and appraisals
• Bank and investment account statements
• Business records
• Retirement and pension account balances
• Mortgage, credit card, and loan statements

✅ Step 3: Value the Assets

If needed, we work with financial professionals to assess the current and fair market value of complex property like:

• Homes and investment real estate
• Closely held businesses
• Stock portfolios and retirement plans

✅ Step 4: Negotiate or Litigate

We negotiate a fair and enforceable division agreement. If a resolution can’t be reached, we advocate for you in court to ensure a legally sound and equitable outcome.

✅ Step 5: Finalize Division in the Divorce Judgment

Once all property issues are resolved, we prepare and file the judgment that outlines the exact division of assets and debts.

What to Expect Emotionally & Legally During Property Division

Property division can bring up deep emotions, especially when financial security, contributions to the marriage, or sentimental items are involved.

You may be wondering:

• Am I going to lose my home or retirement?
• What if my spouse handled all the finances?
• What happens to a business or rental property we co-own?
• Is my inheritance safe?

Here’s what you can expect from us:

• A clear roadmap through the process
• Asset protection strategies based on California law
• Respect for your contributions—financial or otherwise
• Smart negotiation to preserve your wealth and peace of mind

What Makes Fernandez Family Law Different

When it comes to property division, every detail matters. The right attorney can make the difference between financial stability and long-term regret.

Here’s why Central Coast clients trust Fernandez Family Law:

• ✅ Deep Knowledge of Community Property Law – We understand the nuances of California’s property division statutes and case law.
• ✅ Experience with High-Asset and Complex Cases – We handle everything from real estate and retirement plans to business valuations.
• ✅ Local Court Insight – We know how San Luis Obispo and Santa Barbara judges interpret community and separate property claims.
• ✅ Strategic, Compassionate Counsel – We combine aggressive representation with genuine care for your future.

Speak to a San Luis Obispo Divorce Attorney Today

If you’re going through a divorce and unsure how your property will be divided, don’t leave your financial future to chance.

At Fernandez Family Law, we help individuals and families throughout San Luis Obispo, Santa Maria, and the Central Coast achieve clarity, security, and fairness in property division.

📞 Call today to schedule a confidential consultation.
Your assets deserve protection. Your peace of mind deserves a plan.