Preparing for divorce is never easy, especially when financial security is at stake. Many people go into a divorce worrying about their assets and whether they will be protected throughout the court process.
In California, divorce involves the division of community property, which includes anything acquired during the marriage. Without a clear strategy, you risk losing control over assets that matter most to you.
At The Law Office of Kevin Lemieux, APC, we help clients take proactive steps to safeguard their financial future. Our founding attorney, Kevin Lemieux, has decades of courtroom experience. Kevin Lemieux is known for his trial-readiness and strong advocacy in high-stakes property division cases.
Whether your divorce is likely to be settled or go to trial, early legal intervention can reduce uncertainty and protect what you have worked hard to build. Call 619-488-6767 today to schedule your consultation.
What Is Considered Community Property in a California Divorce?
As a community property state, California considers most assets acquired during a marriage the property of both spouses. Community property often includes income, real estate, retirement accounts, and certain debts.
Property owned before a marriage is considered separate and, as such, cannot be divided during a divorce. Examples of separate property include gifts and inheritance. Understanding what is or isn’t community property is not always straightforward, which is why working with an attorney who understands the state’s laws regarding community property is a crucial first step when protecting your assets before a divorce.
What Should I Do to Document and Organize My Finances?
If you are looking for ways to protect your assets ahead of a divorce, one important step is to get a better understanding of your finances and where they stand. Start by gathering and securing important financial records. These could include:
- Account summaries
- Bank statements
- Investment records
- Mortgage information
- Tax returns
Proper documentation makes it easier to identify separate property and prevent your spouse from claiming more than what is legally theirs. Your attorney can use these records to support asset tracking and strengthen your position during negotiations or a trial.
Can I Move Money or Open New Accounts Before Filing for Divorce?
You may be tempted to move funds into a separate account, especially if you’re worried about your spouse draining shared assets. However, doing this without legal guidance can backfire. Courts may view those actions as hiding or misusing community property, especially once a divorce petition is filed.
Once the legal process starts, temporary restraining orders may automatically prevent either spouse from making large withdrawals or changes to property ownership. Speak with a lawyer before making any financial moves. At The Law Office of Kevin Lemieux, APC, we will walk you through safe and legal options that won’t risk your credibility in court.
How Can I Protect My Business?
If you own a business or professional practice, divorce can become even more complicated. Even if you started your business before marriage, part of its value may be considered community property. This is especially true if your spouse contributed in any way to the venture or if business income supported the household.
A divorce attorney can help you prepare an accurate valuation so your company is not overvalued. During the divorce, your lawyer can handle negotiations so you retain ownership of your business. There are many ways to negotiate the final terms of the settlement of the estate, meaning you may be able to offer something of equal value to half your company in return for retaining ownership of the business you started.
Can I Keep Real Estate or Other High-Value Assets?
Keeping a home, rental property, or other high-value asset after divorce depends on whether it qualifies as community or separate property. Even if the title is in your name alone, the court may still consider part of its value shared if it was paid for with marital income.
Your lawyer can help you document financial contributions and build a case to retain full or partial ownership. With courtroom experience and a specialist-level understanding of property division laws, we provide the support you need to fight for what is rightfully yours.
Call 619-488-6767 for a Free Consultation Today
If you are considering divorce or expect your spouse to file in the near future, now is the time to take steps to protect your assets. At The Law Office of Kevin Lemieux, APC, we have been providing reliable and effective legal counsel to residents in and around San Diego since 2003. We proudly serve all families, including LGBT clients, with the same dedication, respect, and advocacy.
We gladly offer free initial consultations so potential clients can learn about our services and how we can help them achieve their goals in court. Our team of career family law attorneys stands ready to help you protect what matters most to you. Call 619-488-6767 today or contact our office online so we can begin delivering the exceptional legal services you deserve.
Preparing for divorce is never easy, especially when financial security is at stake. Many people go into a divorce worrying about their assets and whether they will be protected throughout the court process.
