A California divorce comes with a long list of difficult decisions to make, and the division of assets is often among the most time-consuming. Some assets are harder to divide than others—artwork, for example, may fluctuate in value depending on who assesses it. That’s why it’s important to work with a divorce attorney in California with extensive experience in negotiating complex division of assets cases.

At the Law Office of Taylor B. Warner, we understand the challenges you’re going to face in the coming months as you navigate your divorce. Attorney Taylor B. Warner, a California Bar Certified Family Law Specialist, is committed to advocating for her clients as they work through their family law issues. Find out how we can help you—call us at 909-466-5575 to set up a consultation with our divorce law firm now.

Community vs. Separate Property: California Law

To fully understand how your artwork may be handled in a divorce, you must know how California in general approaches the division of assets. California is one of only a few states considered to be a community property state. Generally, any asset acquired during the marriage is assumed to belong to both spouses—although there are exceptions. If a piece of artwork (or an entire collection) is determined to be separate property, it is not subject to division.

Determining Ownership of Artwork

Because California’s a community property state, determining ownership of the artwork in question is an important part of figuring out how it will be handled during a divorce. You’ll first have to ask when and how it was acquired. If one spouse owned the artwork before the marriage, it may remain their separate property. If the artwork was acquired during the marriage, it’s likely that both spouses have a claim to it. If one spouse obtained the artwork during the marriage via inheritance, it is likely still separate property. There is a fair amount of nuance in these discussions, so it’s important to discuss your concerns with your divorce lawyer.

Valuing Artwork for Divorce Purposes

If artwork is considered community property, securing a fair valuation is an important part of making sure it is properly split up in the divorce. This is an area where there’s a lot of gray area, so it’s important to protect your best interest. For example, if a piece of artwork is very valuable but one spouse doesn’t know that, the other spouse may try to find an appraiser to intentionally undervalue it so they can more easily claim it in the divorce.

There are a couple main ways you may have artwork appraised. First, you may turn to prior sales records and insurance appraisals. This can be useful as a baseline, but it rarely gives a full picture of the artwork’s real value. You’ll typically need to support it with an art appraisal.

Getting artwork appraised by an independent art appraiser is often a better option. The appraiser can provide an accurate and current value based on comparable sales, expert knowledge of the artist and piece, and trends within the market.

If there are disputes about who to hire, both spouses may choose to hire their own appraisers and the court may have to decide which appraisal to go with. Once an appraised value is agreed upon, it is factored into the total property division.

Options for Dividing Art During Divorce

The actual logistics of dividing art during a divorce depend largely on the couple involved, how much both parties want the art in question, and what other assets are included in the community property.

Working with A Divorce Lawyer

One spouse may choose to keep the artwork and buy out the other spouse’s interest. This is a common solution when one party has an attachment to it, and the other does not. The spouses may also agree to sell the artwork and split the proceeds if neither wishes to keep it. One house may opt to keep the artwork and offset its value by giving the other spouse a greater share of other assets. 

Co-ownership is a very rare solution, as it requires ongoing cooperation between ex-spouses. It is generally reserved for artwork that is part of a family legacy or brings in a significant amount of income.

Confused About Your Next Steps? Contact A California Divorce Law Firm

The Law Office of Taylor B. Warner, APLC, understands that clients have questions and is ready to answer them. Their divorce attorneys support clients throughout the divorce process, advocate on their behalf, and help them prepare for the next chapter. Call their California divorce law firm at 909-466-5575 or reach out online to schedule a consultation.