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What is property and debt division?

When a married couple or domestic partners decide to permanently separate through a divorce, their property and debt must be divided. The division will require a distinguishing between community and non-community property and debt. Property and debt division can be contested or uncontested.

Uncontested Property and Debt Division

Uncontested property and debt division occurs when a couple agree on the division of their community property. With a few exceptions, “community property” is all real or personal property acquired by a person while living with their spouse. In general, California courts will accept uncontested division agreements as long as the agreement is deemed fair and reasonable to both parties.

Contested Property and Debt Division

In the event that a couple does not agree on a property and debt agreement, the division is executed by the State Superior Court.

Should Albrecht & Albrecht represent you in a contested division of your property and debt, we will fight to see that you receive a fair and equitable share of your community property and we will fight to ensure that any contested property that is solely yours is not deemed community property and unjustly given to your estranged spouse or domestic partner. We will also fight to see that you do not receive an unfair burden of debt.

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