In California’s community property system, spouses hold all property and debt that accrues during the marriage equally. Upon dissolution of the marriage, this community property is split 50/50. The court’s task is to rule on the value of these assets and debts to...
Property Division
Equalization payments: Ensuring fair asset distribution
California is a community property state. The expectation, then, is that property division upon marital dissolution will be a 50/50 split. Achieving that fair split, though, can be an elusive goal because valuations are so complex. Accurate, reliable valuations are...
Consider a prenup this wedding season
Statistics show many couples are getting married and remarrying later in life, which lead to more serious financial consequences should the marriage end in divorce. Fortunately, statistics also show more Americans are signing premarital or prenuptial agreements to...
Using a real property appraiser in a California divorce
Dividing assets in a California divorce is never an easy or pleasant process. This statement is especially true for high-asset couples who own a large residence in a prosperous neighborhood. If the couple has lived in the home for a substantial period—say, two...
Looking for hidden assets during your divorce
If you are in the middle of the divorce process and you have gotten to the point where you are dividing the marital assets that you and your spouse own together, in theory, you will want to be confident that you have both laid all of the assets on the table and that...
Can I be reimbursed for property acquired during the marriage?
Dividing property often leads to disagreement in a California divorce. Whether the parties have been lucky enough to accrue assets of significant value or they are of more modest means, there will still be issues that arise when they try to decide who gets what. One...
How does the spousal fiduciary duty impact divorce?
Most married couples probably don’t realize it, but California law imposes a legal duty on them and how they deal with each other. In a way, this duty can become more relevant once the couple has filed for divorce than it ever was during the marriage. So it’s...
Commingled property can increase the complexity of a divorce
Property division can be one of the most difficult issues in divorce, even under the best of circumstances. And if the couple has a lot of assets, and they have become intertwined throughout the marriage, it can be hard to tell who should keep what. The basics of...
Understanding property division during divorce
Divorcing couples in California need to know how property will be divided. It can help guide their property division settlement agreement as they negotiate their divorce and which spouse will receive which property items. How property is divided California is a...
Three ways to split property in a divorce
With so much changing during a divorce and after it, it is only natural that both parties try to hang on to the familiar as much as possible. This is why property division is often so contested, especially when it comes to ownership over the family home. Deciding who...